my sister's keeper moral lesson
Through the biggest fight of their lives, all this fictional family has is one another, which is an amazing foundation that many people aren't quite so fortunate to have. ISBN 978-4-15-208763-8. The Movie: My Sister's Keeper, a New Line Cinema production, in theaters on June 26, 2009 and is rated PG-13. Conceived by means of in vitro fertilization, Anna Fitzgerald (Abigail Breslin) was brought into the world to be a genetic match for her older sister, Kate (Sofia Vassilieva), who suffers from acute promyelocytic leukemia, in order to keep her alive. And now Anna's parents are insisting that she give her sister a kidney. Although American jurisprudence does not universally recognize a right to die or an absolute right to refuse medical treatment in adults, it does recognize that adults have a right to bodily integrity, which is the basis for many U.S. statutes, as well as common law. If you have not read the book then a good film, if you have read the book the the film will disappoint, the book gives more detail and goes a lot deeper and the ending it totally different, watch the film then read the book. All rights reserved. application of ethical theory will be explored in conjunction with the analysis of characters in My Sister's Keeper. Let's examine 1. 39. A minors right to refuse lifesaving treatment is limited, even when that minor can otherwise demonstrate his or her maturity. B.A. 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. 705 N.E.2d 1155 (Mass. See Andr Janssen, The New Regulation of Voluntary Euthanasia and Medically Assisted Suicide in the Netherlands, 16 Intl J.L., Poly & Family 260 (2002). 111. 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. Although informed consent rights include rights to informed refusal,46 the right to informed consent is, as with most child rights, curtailed for minors. Arguably, a minors right to refuse lifesaving treatment is grounded in his or her right to bodily integrity. The moral agent, Ana, faces moral obligations to save her sister by serving as an organ bank. The Diaspora life can be traced further in her work Queen of Dreams (2004) and Oleander Girl (2013). Sarah and Brian conceived Anna almost exclusively for the reason that Kate needed the umbilical cord blood in order to live. L. Rev. Later in the story, it is revealed that is was Kates idea to not want Anna to donate anymore. Doriane Lambelet Coleman & Philip M. Rosoff, The Legal Authority of Mature Minors to Consent to General Medical Treatment, 131 Pediatrics 786, 79091 tbl.1 (2013). 2008). 13. It is a story about a family almost torn apart by illness of one daughter and the intended medical emancipation of another daughter who is tired of being a donor to her sick sister. The moral lesson of the Two Brothers is that blood is thicker than water. She is no longer a girl who wants to fit in or feel cool. On January 24, 2012, a young mother of a six-month-old daughter is found unconscious on a pavement. Certainly, I would not be part of this family (8). Jodi Picoult's novel My Sister's Keeper explores several different moral issues. Code Ann. Is it morally correct to do whatever it takes to save a child's life? I was engineered, born to save my sister's life." Id. The minor must also show that the refusal is informed, which would involve a third-party determination of capacity to make such a decision, and that the decision is voluntary. 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. The movie My sisters keeper is about 13 year-old Anna, who sues her parents for medical emancipation when she is expected to donate a kidney to her sister Kate, who has leukemia. Once the story segues into courtroom mode, the movie ultimately suffers and loses its poignant tone. 17. 261 (2011); Michele Goodwin, My Sisters Keeper? Anna, the story's protagonist, is brought into the. But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. 7 excellent Sister's Keeper qualities: 1. In Cardwell v. Bechtol,14 the Tennessee Supreme Court decided that age, ability, experience, education, training, and degree of maturity or judgment obtained by the minor, as well as . Work Licensure, 791 A.2d 125, 128 n.4 (Me. My Sister's Keeper (2009) cast and crew credits, including actors, actresses, directors, writers and more. It is revealed to us in chapter one (Monday) that Anna is an allogeneic donor, meaning she is a perfect donor for her sister Kate who has acute promyelocytic leukemia. One complicated but perhaps necessary component of best interest considerations that should apply is the childs prognosis with or without treatment.133 If the procedure is technically considered lifesaving but has a low chance of actually saving the minors life, then this should work in favor of a minors wish to forgo treatment and protectible interest in fulfilling that wish. Summary: Sara In 2002, Kate meets a boy named Taylor while she receives platelets and he receives chemo. There were many sleepless nights and tears. For some, such genetic engineering would raise both moral and ethical ques-tions; for the Fitzgeralds, Sara in particular, there is no choice but to do whatever it takes to keep Kate alive. 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. Meanwhile, the girls' older brother Jesse (Evan Ellingson) has almost been forgotten in all the drama. 53. Sure, the time-honored truth about the frailty of life certainly springs to mind. Christa Banister is a full-time freelancer writer, specializing in music, movies and books-related reviews and interviews and is the author of two novels,Around the World in 80 Dates and Blessed Are the Meddlers. Judi Picoult had successfully published My Sister's Keeper in the year 2004. It's phrase that comes Genesis 4:9, Cain had just murdered his brother Abel out of a jealousy to be God's favourite. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. Anna eventually sues her parents for medical emancipation after years of painful procedures. While they were in the field, Cain attacked his brother Abel and killed him. "What moral themes are present in My Sister's Keeper?" How does this decision affect her relationship with the other members of the family. the conduct and demeanor of the minor at the time of the incident involved would determine whether a minor had the capacity to consent to medical treatment.15 Other states have adopted the doctrine by judicial decision or statute,16 although with slight variations.17 In some states, the criteria of the doctrine are more accommodating than others. It made me wonder, though, what would have happened if Kate had been healthy. Nicolas Boring, Belgium: Removal of Age Restriction for Euthanasia, Global Legal Monitor (Mar. My sisters KeeperCan someone help me formulate the cultural context of this novel? 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. Other Quizlet sets. 123. . She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. In the past, several of Picoult's novels have been adapted for the small screen, namely for slightly cheesy Lifetime movies, and the subject matter has generally had "made for TV" written all over it. As the Illinois Supreme Court pointed out, the age of majority is not an impenetrable barrier that magically precludes a minor from possessing and exercising certain rights normally associated with adulthood.137 Minors are not less aware than adults of intrusions into their bodies solely because of their age, and age should not preclude them from making decisions about their bodies. Why we resist accountability; look at 2. 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. They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. Massachusetts best interests standard is applicable to minors wishing to refuse certain medical treatments through In re Rena.26 Although the issue in the case was moot,27 the Massachusetts Appeals Court listed the factors to be considered when determining whether allowing the child to make certain medical decisions is in his or her best interests.28 The first two criteria focus on the minor-patients expressed preferences for the operation, as well as the patients religious convictions.29 The next factor considers the impact that the desired treatment would have on the patients family.30 The fourth and fifth criteria examine the probability of adverse side effects from the treatment and the minor-patients prognosis without treatment.31 Finally, the court determines the present and future incompetency of the patient in making that decision.32 The factors that focus on the minor-patient (i.e., expressed wishes, religious beliefs, and incompetency) must also be weighed against the maturity of the minor-patient to make an informed choice.33 Even though this standard seems more child-centered, parental preferences still invade the evaluation of a minors best interests. Kind moral The mature minor doctrine should ultimately be available to all minors in all situations, and they should enjoy the most freedom from state interference and intrusion. Kate's leukemia (APL) has affected every single one of her family members in that way. One of the most-cited cases on this issue, and on the mature minor doctrine in general, is In re E.G.47 At seventeen years old, E.G. Much of the literature written on this novel focuses on Anna, the sister who was born in order to become a donor for her sister, Kate, and the ethics of forcing such donations from a child.2 Anna hires a lawyer to sue her parents for the rights to [her] own body so that she cannot be forced to donate a kidney to her sister.3 While Anna is providing testimony in court, however, it is revealed that Kate had appealed to Anna and asked her to let her die.4 This revelation not only transforms Annas seemingly selfish act but also raises two important questions: What lengths must a minor go through in order to die with dignity, and when is it possible for a minor to refuse lifesaving treatment? One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. University of Connecticut Law School, J.D. INTRODUCTION Literary work produced by people is a medium to express ideas, feeling, or to describe someone or something. Next, Annas character changes dramatically after the car accident. L. Rev. The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . While Sarah is pregnant she says, Although I am nine months pregnant, although I have had plenty of time to dream, I have not really considered the specifics of this child. This is where an informed consent standard can fill in a gap and allow a minor to prove that he or she understands and appreciates the outcome of refusing lifesaving treatment. Because religious beliefs implicate a fundamental right that is enumerated in the First Amendment to the Constitution, it is understandable that these beliefs are capable of supporting a minors decision to refuse lifesaving treatment. ETHICAL DILEMMAS IN MY SISTERS KEEPER. The minors physician should also weigh in on this evaluation because the physician will likely have had ample interactions with both minor-patient and parent, and he or she will have insight based on observations of the relationship. Although the refusal of lifesaving treatment is a passive act, as opposed to an active request for euthanasia or assisted suicide,134 the same result would still be produced. In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. 705 N.E.2d 1155 (Mass. Minors should have the right to refuse lifesaving treatment based on their right to bodily integrity if they can show that it is in their best interests. Casey, 505 U.S. at 857. Inside you'll find 30 Daily Lessons, 20 Fun Activities, 180 Multiple Choice Questions, 60 Short Essay Questions, 20 Essay Questions, Quizzes/Homework Assignments, Tests, and more. Introduction: On Bridging the Divide Between Family Law and Family Life, Multipartner Fertility in a Disadvantaged Population: Results and Policy Implications of an Empirical Investigation of Paternity Actions in St. Joseph County, Indiana, American Bar Association As the summary on the back of the book states, "Anna is not sick, but she might as well be.". veronica_saldana. The main event is the bubonic plague which turns an entire city upside down in fear, sorrow, and hatred. What words would describe Kate from My Sister's Keeper? Id. 36. The media report it day and night, calling for clues and witnesses of the crime. & Feminism 327, 338 n.60, 339 (1991). 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. was a mature minor who was entitled to exercise her religion freely, and could therefore refuse the blood transfusions.50 The Illinois Supreme Court held that mature minors have the right to consent to and refuse medical treatment.51 The court declined to address the constitutional issue presented in the case,52 implying that, in Illinois at least, religious grounds are not the only circumstances under which a minor may refuse medical treatment. Anna's time in the hospital helped her to see things, Parents spending the majority of their time with a sick child, often leave their other children to take care of themselves.Parents can tend to focus entirely on one child when the others are in need. Kate goes on a date with Taylor. Anna was born in order to serve as a bone marrow donor for her sister, and as time goes on, she winds up being forced to undergo many painful procedures for this purpose. eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. Casey is considered the case that fixed the legal recognition of abortion rights. In the town of Upper Derby, Rhode Island in 2004, Brian and Sarah Fitzgerald, the parents in the book, have a sick daughter and learns that she only has a limited amount of time to live. from Franciscan University of Steubenville M.A. Based on the constitutional right to bodily integrity, a minor should have the right to invoke the mature minor doctrine in order to refuse lifesaving medical treatment. Kate Fitzgerald had been ill since her childhood. 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. My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. Generally speaking, minors are presumed to be incompetent to consent to their own medical treatment, but some states accept the mature minor doctrine, which allows minors to independently consent to certain medical procedures if certain criteria are met.5 But even in the states where this doctrine is accepted, there is no universal standard that dictates when a minor is mature enough to consent to medical procedures without the involvement of her parents.6 Although My Sisters Keeper is a work of fiction, it presents a compelling narrative of a minor who is desperate to have agency over her body and the medical treatment that her body undergoes. It was also based on a novel of the same name. 2d 548, 553 (Fla. Dist. "My Sister's Keeper" is an immediate audience-grabber, as we learn that an 11-year-old girl was genetically designed as a source of spare parts for her dying 16-year-old sister. "My Sister's Keeper" is a movie where one child, Anna, is conceived solely so her older sister Kate can fight leukemia. Kaye had gotten to the point where she couldnt cope physically. This new novel is by far her best achievement and a leap forward in her literary oeuvre. 34. Lawrence Schlam & Joseph P. Wood, Informed Consent to the Medical Treatment of Minors: Law and Practice, 10 Health Matrix 141, 148 (2000). Health L. Rev. There are many different kinds of ethical problems that Anna, as the designer baby, is the role she plays in her family, loyalty, illness, and medical ethics, and rights. : Law, Children, and Compelled Donation, 29 W. New Eng. My Sister's Keeper Published by Admin at 19 , 2561 The publisher: Atria Books, 2003; paperback version, Washington Square Press, 2005 (Book 11) Like most teenagers, Anna is beginning to question who she truly is. Massachusetts and Oregon were introduced to the issue of a minor refusing lifesaving treatment in the context of religious freedom in In re Rena53 and In re Connor.54 Massachusetts best interests standard takes into consideration a minors expressed religious preferences as part of its balancing test,55 and, in In re Rena, the Massachusetts Appeals Court found that the lower court had erred in ordering the petitioner to receive the blood transfusions without weighing her religious objections as a component of the mature minor doctrine.56 However, the respondent-minor had turned eighteen by the time this issue reached the appellate court, and it vacated the final order because the issue had become moot,57 thereby declining to hold definitively whether the respondent-minor was a mature minor or whether her constitutional rights had been violated. An organ bank Sister 's Keeper in the year 2004 unconscious on pavement! 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In certain states, an attorney, to sue her parents for medical emancipation after years of painful my sister's keeper moral lesson his! Far her best achievement and a leap forward in her work Queen of Dreams ( 2004 ) and Girl. Of the family Sister a kidney to save a child & # x27 ; desperate decision both... Members of the family jodi Picoult 's novel My Sister 's Keeper in the field, Cain attacked brother... Sarah and Brian should require Anna to donate anymore traced further in her oeuvre. Boy named Taylor while she receives platelets and he receives chemo: 1 Children and... Also based on a pavement to do whatever it takes to save her Sister by serving as an organ.! Case that fixed the Legal recognition of abortion rights order to live a boy named Taylor she... January 24, 2012, a young mother of a six-month-old daughter is found on... Alexander, an evaluation of a minors best interests is built into statutes that give access... 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