Response: If I were in the same situation Anna was in, I would do everything I can to save my sibling's life, even if my sick sibling tells me to stop helping them to get better. Latest answer posted August 26, 2009 at 6:42:54 AM. 34. My Sister's Keeper She had got acute promyelocytic leukemia. It is not the first time that Belgium had considered legalizing the voluntary euthanasia of minors; in fact, when the Euthanasia Act of 2002 was first proposed, minors were included in the bill but were later removed to ease opposition.117 The original act defines euthanasia as intentionally terminating life by someone other than the person concerned, at the latters request.118 While voluntariness is a crucial element in both acts,119 the new legislation extending this right to minors differs significantly from the 2002 Act. As with the human body, each part is fully dependent upon the other part to function optimally. In Massachusetts, a determination of a minors maturity is also influenced by the minors ability to demonstrate that he or she is capable of giving informed consent to the procedure.34 This legal standard also exists in Arkansas, Idaho, Illinois, Kansas, Maine, Nevada, Tennessee, and West Virginia.35 Generally speaking, consent is considered informed if the patient demonstrates the capacity to make decisions; if he or she is provided with adequate information so that a reasonable person in the same position would be able to make an informed decision; if an appropriate amount of information is disclosed to the patient; and if the patients decision was made without the influence of fraud, coercion, or duress.36 Minor-patients, however, do not have the same rights to informed consent when they are under the care and custody of their parents.37 This is justified not only as existing under the umbrella of parental rights, but also because the law presumes that parents always act in their childs best interests, that children are incapable of making their own medical decisions, and that parents have the capacity and maturity to make difficult decisions, and also because parents tend to bear the burden of medical treatment costs.38 A minor-patient must rebut these presumptions in order to demonstrate that he or she is capable of rendering informed consent. . Constance Johnson, Belgium: Euthanasia Option May Be Extended to Children, Global Legal Monitor (Dec. 17, 2013), http://www.loc.gov/law/foreign-news/article/belgium-euthanasia-option-may-be-extended-to-children. from St. This has involved countless procedures over the years, some of them quite painful. In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. Every value will get quality if it has relation with other values". 36. Abigail Breslin and Sofia Vassilieva received good reviews for their performances in the movie, and they replaced the originally cast, real-life siblings Dakota and Elle Fanning (The Neon Demon).Dakota Fanning was set to play Kate, but dropped out . Yes, it's possible: in vitro fertilization assured a perfect match. This means one sister owns an item (i.e. It seems, then, that the informed consent requirement of the mature minor doctrine is circular in its reasoning: A minor-patient must demonstrate that he or she is a mature minor by proving an ability to give informed consent but must demonstrate a certain level of maturity to prove capacity to make informed decisions about medical treatment. A minors right to bodily integrity is one that has been widely accepted and often explored in the context of the mistreatment in schools or juvenile detention centers.105 Still, courts have applied the right to protect minors from state intrusions in other contexts.106 In In re E.G., for example, the Illinois Supreme Court suggested that a minor may invoke the right in the context of refusing lifesaving treatment, as it saw no reason why [the] right of dominion over ones own person should not extend to mature minors.107 When it comes to a minors right to bodily integrity against parents, however, the rights are less definitive, primarily because the law presumes for multiple reasons that parents have the right to make medical decisions on behalf of their children.108, In the reproductive rights context, minors rights have been protected against parental interference. My teeth are chattering I try to tell her but my jaw and teeth are chattering so much, I cant make the words. (Frank 26) The day after the car accident, Anna learns that Ellen passed out after the were hit, and this resulted in her having a collapsed lung, some cracked ribs, and a broken leg. Jodi Picoults My Sisters Keeper is a novel that explores the difficult topic of the terminal illness of a sixteen-year-old girl and the lengths her family goes through in order to preserve her life. from Signum University. After the procedure was successful and Anna ( Abigail Breslin) was born, the younger sister has served as the spare parts factory her older sister has needed along the way. Key words: Moral Value, Good impact, My Sister's Keeper I. 123. Please explain the quote, "You don't love someone because they're perfect. The woman cries: Someone kidnapped my baby! Health L. Rev. Parl. Jodi Picoult's novel My Sister's Keeper explores several different moral issues. Accessed 1 Mar. With Dad busy at work as a firefighter and all of Sara's attention focused on Kate, Jesse comes and goes as he pleases, hanging out in a seedy part of Hollywood to pass the timeall without his parents being the wiser. It made me wonder, though, what would have happened if Kate had been healthy. The motivations of individual characters, the emotions that pull them one way or another, and the personal feelings that they inject into professional situations becomes achingly clear as we . Many of the concerns evident in the Florida courts analysis are applicable to a minors desire to refuse lifesaving medical intervention. Judi Picoult had successfully published My Sister's Keeper in the year 2004. : Law, Children, and Compelled Donation, 29 W. New Eng. Communicative Competence 1 Linguistic 2 3 4. My grad school experience felt very much like a roller coaster ride. In . against her mother, relying on the dire circumstances that lack of medical treatment would create.49 The appellate court reversed the trials courts order to appoint E.G. In Alabama, for example, any person aged fourteen and over has the authority to consent to medical procedures.18 In Delaware, any minor may lawfully consent to certain medical treatments if reasonable efforts were made to first obtain consent from the parents.19 For some states that provide the mature minor doctrine by judicial decision, the minor must meet certain criteria to prove that he or she can provide informed consent to the procedure, and sometimes it must be determined that the medical procedure would be the in the minors best interests.20. Under Tennessee law, in order for a minor-patient to give valid consent to a medical procedure, he or she must demonstrate the capacity to consent to and appreciate the nature, the risks, and the consequences of the medical treatment involved.39 In the leading case addressing this issue, parents on behalf of their minor child sued an osteopath who had treated for subluxation of the spine and bilateral sacroiliac slip.40 The minor-plaintiff sought treatment with the defendant by herself after informing her parents of her intent to see him so that he could treat her back pain.41 The court determined that, under the rule of sevens,42 the minor-plaintiff was presumed to have the capacity to consent to the defendants treatment.43 Additionally, the court stated that a minors capacity to consent is also contingent upon the minors abilities, experiences, education, training, and degree of maturity, as well as upon the minors ability to understand the risks and consequences of treatment.44 The court also elected to consider the totality of the circumstances, as well as the actual nature, risks, and probable consequences of the treatment sought.45. See Adam McLeod, The Groningen Protocol: Legalized Infanticide in the Netherlands and Why It Should Not Be Adopted in the United States, 10 Mich. St. J. Med. Ry. The moral lesson of the Two Brothers is that blood is thicker than water. One of the primary concerns that opponents of any child euthanasia law have is that it is merely a legalized version of infanticide.136 To avoid the possibility that the law would be used in this way, the psychologist making the minors determination of capacity should also make an independent determination of voluntariness by observing the interactions between the minor and the consenting parent. Lawrence Schlam & Joseph P. Wood, Informed Consent to the Medical Treatment of Minors: Law and Practice, 10 Health Matrix 141, 148 (2000). She wanted to find her sister because thats the only family she has. She is has to make life changing decisions that can cause health complications down the road and affect the dynamic of her family. Casey is considered the case that fixed the legal recognition of abortion rights. Cardwell v. Bechtol, 724 S.W.2d 739, 749 (Tenn. 1987). One of the ethical principles that can be found in the movie "My Sister's . Under the Belgian law, a psychologist must determine the minors capacity to make an end-of-life decision, while in the Netherlands, capacity seems to be presumed in minors that reach certain ages and is therefore more akin to the common law rule of sevens.135. Union Pac. In this biblical community of believers both universal and local, we show our accountability to God by being accountable to one another. "my sister's keeper"). In Cruzan v. Director, Missouri Department of Health,99 the Supreme Court recognized that the informed consent requirement in medical treatment was derived from the right to bodily integrity.100 Quoting Justice Cardozo in a decision he authored during his tenure on New York States highest court, the Court affirmed that a competent adult has a right to determine what shall be done with his own body, and an invasion of ones body without consent constitutes assault.101 Although the issue decided in Cruzan ultimately concerned the constitutionality of the clear and convincing evidence standard that Missouri required to prove that the patient would not have wanted to remain on life support, the Court declared that [i]t cannot be disputed that the Due Process Clause protects an interest in life as well as an interest in refusing lifesaving treatment.102 In his dissenting opinion, Justice Brennan stated that a State has no legitimate general interest in preserving life that could outweigh a persons decision to refuse lifesaving medical treatment,103 and that, in order for the State to have a legitimate interest, it must be established that the patient wishes to be treated.104, Minors rights to bodily integrity have been recognized in certain contexts but are generally less robust than adults rights. In certain contexts, this right is one that has already been recognized, but overall, is in need of expansion. The messages of this film highlight the importance of understanding the several dimensions of hardships and struggles, beyond illness and disease that patients must undergo. In this scenario what would be the subsequent possibility? Kate does not speak in her point of view until the end so it is hard to connect with her, What literary devices are used in "My Sister's Keeper"? Determined to do whatever it takes to keep her daughter alive, she and her husband Brian (Jason Patric) don't have many options for treatment available. Miss Helena S. Robinson, daughter of Mr. nd Mrs. Alexander P. Robinson, of Chestnut Hill, will be guest of honor at a dinner to be Blyen by Judge and Mrs. William Wllklns Carr, Pf UM Locust street "- ?Mr. ISBN 978-4-15-208763-8. The film My Sister's Keeper, based on a 2004 bestselling novel by Jodi Picoult, presents an extreme example of in vitro fertilization and genetic selection technology to confront the moral and social issues with these reproductive tools. Belgian Senate Votes to Extend Euthanasia to Children, BBC News (Dec. 12, 2013), http://www.bbc.com/news/world-europe-25364745. was a devout member of the Jehovahs Witnesses who wanted to refuse lifesaving blood transfusions meant to treat her acute nonlymphatic leukemia.48 The State of Illinois filed neglect petitions on behalf of E.G. Eur. 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . But for whatever reason filmmakers decided My Sister's Keeper had big-screen potential, they also agreed that Picoult's original ending was a little too much for the masses. Chandrika Narayan, First Child Dies by Euthanasia in Belgium, CNN (Sept. 17, 2016), http://www.cnn.com/2016/09/17/health/belgium-minor-euthanasia/index.html. See id. However I do not think she meant for Anna to be at the mercy of her sister. The novel "My Sister's Keeper" by Jodi Picoult explores the medical, legal, ethical and moral issues related to long term illness and discusses some of the bioethical issues around the experimental technique known as pre-implantation genetic diagnosis. Limiting the circumstances under which a minor may refuse such treatment in this way may prove acceptable under American law and, if accepted, would open the door to establish a robust right for any person to refuse lifesaving treatment. Kate, Anna's older sister has an aggressive type of, Hesitantly, Anna takes the stage and confess that she filed the lawsuit against her parents because her sister Kate told her to do so. The parent-child relationship is, of course, more complicated because the great paradox of childrens rights is that they are often contingent on, or entwined with, the rights of their parents. Anna is born specifically to be a match for her sister, although she doesn't find this out until she's older. Anna, on the other hand, desires her medical freedom. 137. My Sister's Keeper is the story of Anna Fitzgerald, who by the age of thirteen has undergone many blood transfusions, numerous surgeries, and multiple bone marrow transplants. 20 terms. Animal Farm Vocab. Anna's mother has a right to make medical decisions for her. Starring: Cameron Diaz,Abigail Breslin,Alec Baldwin. Whereas the medical world is riddled with moral quandaries, organ donations and transplantation constitute two of the industry's most outstanding and complicated problems. Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. In North Carolina, a judge may choose to waive the parental consent requirement for a minor seeking an abortion if it would be in the minors best interests that [it] not be required.21 However, North Carolinas statute concerning a minors consent to other medical procedures does not have such a bypass. application of ethical theory will be explored in conjunction with the analysis of characters in My Sister's Keeper. Reproductive rights have been imperative to the formation of the mature minor doctrine. I was engineered, born to save my sister's life." 26. It was also based on a novel of the same name. 92. DVD Release Date: November 17, 2009Theatrical Release Date: June 26, 2009Rating: PG-13 (for mature thematic content, some disturbing images, sensuality, language and brief teen drinking)Genre: DramaRun Time: 109 min.Director: Nick CassavetesActors: Cameron Diaz, Abigail Breslin, Jason Patric, Sofia Vassilieva, Heather Wahlquist, Evan Ellingson, Alec Baldwin, Thomas Dekker. "What moral themes are present in My Sister's Keeper?" [ ] . Meanwhile, the girls' older brother Jesse (Evan Ellingson) has almost been forgotten in all the drama. Sara and Brian live an idyllic life with their young son and daughter. There were many sleepless nights and tears. The events that will be discussed are: how being brought into the world to save Kate affected Annas psychosocial development, how having to undergo many surgeries at a very young age affected Annas physical development, and also how Annas cognitive development was affected by her sisters sickness and death. (2010). Cloud State University M.A. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. Menu. Because court involvement in a minors end-of-life decision is inevitable, it should be required that a psychologist make a determination of the minors capacity. My siblings matter to me and I wouldn't want to see them out of my sight ever. 103. Similarly, the Oregon Court of Appeals declined to consider the constitutional issues raised in In re Connor because the issue had become moot when the petitioner turned eighteen.58. What words would describe Kate from My Sister's Keeper? 7 excellent Sister's Keeper qualities: 1. 261 (2011); Michele Goodwin, My Sisters Keeper? Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. In re Doe, 973 So. The character of Sara is most adamant that it is in Annas best interests to act as a donor for Kate. Jodi Picoult's My Sister's Keeper is a novel that explores the difficult topic of the terminal illness of a sixteen-year-old girl and the lengths her family goes through in order to preserve her life. from St. Certainly, I would not be part of this family (8). 1295, 130203 (2015). My kidney, My life My Sister's Keeper is a 2009 American drama film directed by Nick Cassavetes and starred by Cameron Diaz, Abigail Breslin, Sofia Vassilieva and Alec Baldwin. Jodi Picoult, My Sisters Keeper 38990 (2004). See Amy T.Y. Ct. App. Id. The center of legal controversy emanates from Brian and Sara's decision to conceive a baby in order to save Kate, their leukemia-suffering daughter. She is at the center of an ethical dilemma as she has to decide what is best for her and her family. The two brothers were each other's keeper. Much more dignified and less manipulative than I had expected. Adults have the right to seek euthanasia, whether their ailment is physical or mental, but with the new law, the minor must be terminally ill to qualify and also must suffer from intolerable and inescapable physical pain.120 The minor must also possess the capacity to understand the meaning of euthanasia, and this capacity must be verified by a psychologist.121 The procedure must be approved by the minors parents and a medical team.122, In the Netherlands, certain minors have had the right to choose euthanasia since the law was originally passed in 2001.123 The Termination of Life on Request and Assisted Suicide (Review Procedures) Act of 2001 requires that a physician observe certain case-law-derived elements of due care in order to be exempt from criminal prosecution.124 First, the patient must voluntarily and consistently express consent to the procedure and must be in a state of unbearable and incurable suffering.125 In order to make this determination, the patients physician must have consulted with at least one other independent physician.126 The physician must also report the euthanasia or assisted suicide to one of the five Regional Review Commissions, which are tasked with ensuring that the physician acted with due care.127 Unlike the Belgian law, the Dutch law does have restrictions on age that are in accordance with the laws governing the medical treatment of minors already established in the Dutch Civil Code.128 Minors must be at least twelve years old in order to consent to the procedure, and all minors below age sixteen must have the consent of their parents; however, if the parents refuse to consent, if the minors physician is of the opinion that fulfilling the request for euthanasia will spare the patient a serious disadvantage, the physician may still be able to fulfill the request.129 Minors who are sixteen and seventeen years old may make the decision without parental consent, but parents must be involved in the decision-making process.130 Besides these restrictions on age, minors must also be able to demonstrate their capacity to make the decision to voluntarily end their lives and must have made the decision independently and after sufficient consideration.131. 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