What is the moral lesson of the story two brother? There is a moral dilemma here as well, and we are invited to reflect upon how much medical treatment is too much. After viewing the video, My Sister's Keeper (Johnson & Goldman [Producers], Cassavetes [Director], 2009), students explored the ethics of genetic selection, personal/professional values and the . Book Club Discussion Questions for My Sister's Keeper by Jodi Picoult. Id. 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. My Sister`s Keeper, explores the moral, practical and emotional complications of putting one human being in pain or in danger for the wellbeing of another. She wanted to find her sister because thats the only family she has. My Sister's Keeper Much more dignified and less manipulative than I had expected. Kind moral The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). 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. In foreign jurisdictions, however, minors have recognized rights against parental decision-making that are based in their bodily integrity rights. Lai, To Be or Not to Be My Sisters Keeper?, 32 J. She is no longer a girl who wants to fit in or feel cool. Jodi Picoult received an AB in creative writing from Princeton and a master's degree in education from Harvard. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. 66. 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. Cloud State University M.A. 92, 93 (N.Y. 1914)). Name a treatment Kate has, and tell me some of the side effects she has to deal with. 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. 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. Anna, the story's protagonist, is brought into the. She leaned over, her hand on the light switch. at 313 (Brennan, J., dissenting). This muddied body of case law is what the Connecticut Supreme Court had to draw from when it decided In re Cassandra C.67 The petitioner, Cassandra, was sixteen years old when she was diagnosed with Hodgkins lymphoma.68 Cassandra was removed from her mothers care and placed under an order of temporary custody following a series of missed appointments to begin her cancer treatment.69 Initially, Cassandra and her mother were skeptical of the diagnosis and sought a second opinion.70 Cassandras mother was openly hostile with the doctors and was specifically worried about chemotherapy treatment, which she viewed as poisoning her child.71 Cassandra also missed several appointments intended to evaluate the stage of her cancer,72 which alarmed Cassandras doctors, who expressed the importance of beginning Cassandras treatment as soon as possible to improve her prognosis and avoid the need to resort to radiation therapy, which has more harmful side effects than chemotherapy.73 Because of the mothers combativeness and observed unwillingness to have her treated, Cassandras doctors contacted the Connecticut Department of Children and Families (DCF).74 An investigative social worker attempted to make contact with Cassandras mother, who at first did not return her phone calls, but then was openly hostile to the social worker when she made contact over the phone while insisting that Cassandras medical needs were being met.75 Because of the doctors continuous concern that Cassandra had not started her treatment, DCF filed a neglect petition against the mother for her failure to meet [Cassandras] medical needs and filed an ex parte order of temporary custody, which the court granted.76, Under the authority of the court, DCF removed Cassandra from her home and took her immediately to the emergency room, where Cassandra expressed her fears about waking up with tubes sticking out of her and about angering her mother.77 At the preliminary hearing on the order of temporary custody, the court appointed Cassandra a guardian ad litem to assist in evaluating Cassandras best interests and scheduled an evidentiary hearing.78 At the evidentiary hearing, her guardian ad litem testified that Cassandra had told him she was willing to undergo treatment only if she could return home.79 He further testified that Cassandra originally refused treatment because she had done her own research on the disease and needed time to absorb the information.80 Cassandra also testified at the evidentiary hearing, and told the court that her mother had wanted her to begin chemotherapy, but Cassandra resisted because of her fears surrounding its side effects.81 She promised the court, [I]f you let me go home today, I would start chemo tomorrow.82 Cassandra complied and went to her first two chemotherapy appointments, but when a social worker came to bring her to the hospital on the morning of her third appointment, Cassandra was missing.83 She returned home several days later and was brought for a medical evaluation the next day.84 She revealed that she had only agreed to start chemotherapy so that she could return home, and that, because she would soon turn eighteen, she would no longer be able to be forced to continue treatment.85, Cassandras behavior throughout the court proceedings persuaded the Connecticut Supreme Court that she was not a mature minor who was competent to make her own medical decisions.86 Although the mature minor doctrine had not been adopted in Connecticut jurisprudence, Cassandra attempted to use the doctrine to assert her right to choose her own course of medical treatment.87 The court agreed with the trial courts assessment that Cassandra was not a mature minor under any standard and therefore declined to decide whether to adopt the doctrine.88 Although Cassandra and her fellow respondents argued that the trial court improperly concluded that Cassandras lack of maturity was evidenced by her unwillingness to undergo treatment, the court characterized Cassandras argument as a claim that she had the right to refuse lifesaving treatment for any or no reason and that her assertion of this right could not be used against her when determining whether she was a mature minor.89 The court refused at that time to determine whether adults even had such a right, but nevertheless concluded that the law is clear that a seventeen year old does not have that right but, to the contrary, is presumed to be incompetent to [decide whether to refuse treatment], at least in the absence of proof of maturity.90. Code Ann. The court was asked to consider statements that a patient in a persistent vegetative state had made prior to a life-threatening accident, which occurred when he was seventeen-and-a-half years old.60 Coincidentally, the patient had a tangential connection to the case controlling this decision, In re Gardner,61 and in light of the publicity surrounding it, had made a statement to his mother that, were he to become comatose, he would want his mother to let [him] go to sleep.62 While accompanying his brother on a hospital visit for a comatose friend, the patient again made similar remarks, stating, I dont ever want to get like that . 23 terms. 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. It's time to renew your membership and keep access to free CLE, valuable publications and more. Being dishonest with themselves and dishonest with their children is a conflict. App. Kate's leukemia (APL) has affected every single one of her family members in that way. Arguably, a minors right to refuse lifesaving treatment is grounded in his or her right to bodily integrity. With nothing much in the way of legal precedent for this unusual case, and a big twist that eventually comes out of left field, the audience gets too jerked around to really ponder the case's legal ramifications. 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. Cardwell v. Bechtol, 724 S.W.2d 739, 749 (Tenn. 1987). I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. Really, there are no happy endings when a child has cancer in the advanced stages, and My Sister's Keeper doesn't hold back on how awful and debilitating the disease really is. 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. Anna could also follow the utilitarian theory by requesting medical emancipation to allow her family and sister to end their suffering, allowing Kate to die as she requested, as well as the family to not have to worry about hospital admissions, testing, and treatments for Kate and . Latest answer posted October 30, 2021 at 11:11:30 AM. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. 2d 548, 553 (Fla. Dist. Download the entire My Sister's Keeper study guide as a printable PDF! . 1. Sisters Empower. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. Jodi Picoult. Id. 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. Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . Meanwhile, the. And the film does well what many other dramas about . 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. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. But without hope of an afterlife spent with Jesus in heaven, struggling through a family member's terminal illness just becomes that much more hopeless without knowing the true Hope. a guardian who would consent to the blood transfusions and determined that E.G. N.C. Gen. Stat. She becomes a girl who is constantly nervous and feels guilty. She is the only hope for Kate to get better. SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. Ann. Certainly, I would not be part of this family (8). 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. Ct. 1999). References CMN4100. Although the decision to move her mother to the hospice was difficult to accept, it was a welcomed event. Legal Med. /content/aba-cms-dotorg/en/groups/family_law/publications/family-law-quarterly/volume-52/issue-1/lessons-my-sister-s-keeper-minor-s-right-refuse-life-saving-treatment, http://www.bbc.com/news/world-europe-26181615, http://www.cnn.com/2016/09/17/health/belgium-minor-euthanasia/index.html, http://www.loc.gov/law/foreign-news/article/belgium-euthanasia-option-may-be-extended-to-children, http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia, http://www.bbc.com/news/world-europe-25364745. 1981). [ ] . 36. 2 . Sick of serving as her sister's keeper, Anna wants the right to use (or not use) her body however she wants, a move that sends the already stressed-out family into an uncomfortable courtroom scenario. Summary Read our full plot summary and analysis of My Sister's Keeper, scene by scene break-downs, and more. Print Word PDF. She is has to make life changing decisions that can cause health complications down the road and affect the dynamic of her family. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Asked by Isabel B #907456. A sister is not jealous of her sibling's calling: Now Cain said to his brother Abel, "Let's go out to the field.". Kate Fitzgerald had been ill since her childhood. As the summary on the back of the book states, "Anna is not sick, but she might as well be.". This new novel is by far her best achievement and a leap forward in her literary oeuvre. For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. Jodi Picoult 's novel My Sister's Keeper explores several different moral issues. The My Sister's Keeper lesson plan contains a variety of teaching materials that cater to all learning styles. . Anna has to deal with many different people accusing her of wrong doing to benefit herself or somebody else in letting somebody die. The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . This approach seems inevitable, as evidenced by the requirements even in liberal jurisdictions that allow for the euthanasia of minors only when the minors illness is terminal, incurable, and causes suffering that cannot be alleviated. 705 N.E.2d 1155 (Mass. Aug 8, 2009. 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. 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. 133. My sisters KeeperCan someone help me formulate the cultural context of this novel? In the end, when Sarah died, Kaye seemed like having had her mother in the hospice was the best way to have conducted their affairs. of Soc. Is it ethical to create a child with specific genetic factors? 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. 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. Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . "Most babies are accidents, not me. 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. In re E.G., 549 N.E.2d 322, 325 (Ill. 1989). Every value will get quality if it has relation with other values". "my sister's keeper"). Sara believes that the social, emotional and psychological best interests of a person depend upon the happiness in the family in which they grow up in. 2018; judicial law clerk, Mashantucket Pequot Tribal Nation, Mashantucket, Connecticut; admitted to practice in Connecticut and the Mashantucket Pequot Tribal Nation. . Radhika Rao, Property, Privacy, and the Human Body, 80 B.U. The two brothers were each other's keeper. But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. This is in line with American notions of informed consent and easily transferable to a minors right to refuse treatment. This substantially limits the choices a minor may actually have when undergoing medical treatment. This means one sister owns an item (i.e. The Movie: My Sister's Keeper, a New Line Cinema production, in theaters on June 26, 2009 and is rated PG-13. Parl. 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. As with the human body, each part is fully dependent upon the other part to function optimally. The recipient of the 2003 New England Book Award for her entire body of work, she is the author of twenty-seven novels, including the #1 New York Times bestsellers House Rules, Handle With Care, Change of Heart, and My Sister's Keeper, for which she received the American Library . Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. B.A. An Ethical Theme Of Genetic Engineering In The Movie My Sister's Keeper: [Essay Example], 557 words GradesFixer. Once Anna reaches a certain age, she realizes what has been happening to her and refuses to go through with anything else by suing her mother. One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. In in some jurisdictions, determining the best interests of the minor involves an evaluation of the parent-child relationship. What words would describe Kate from My Sister's Keeper? With our Essay Lab, you can create a customized outline within seconds to get started on your essay right away. 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. And now Anna's parents are insisting that she give her sister a kidney. 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. Communicative Competence 1 Linguistic 2 3 4. 117. In the movie Kate says to Anna that is okay if she doesn't want to donate her kidney because Kate didn't want to live anymore, she wanted to die. With the 's ending, "sister's" is the singular possessive form. The useable organs in her body are donated to Kate so she can live. 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. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. Jodi Picoult's novel My Sister's Keeper explores several different moral issues. Sample topic sentence: In Jodi Picoult's book, My Sister's Keeper, Anna's relationship with her sister, Kate, is very similar to my . Statutes that grant minors certain rights to consent to medical treatment are sometimes called medical emancipation statutes. 122. Her cross-cultural traditional themes can be vouched in her fictions beginning with The Mistress of Spices (1997), Sister of my Heart (1999) and its sequel The Vine of Desire (2002). 94. They're tearjerkers, but never inThe Notebook sense. Anna's mother has a right to make medical decisions for her. In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. Kate slowly started to get sicker and eventually died. The main event is the bubonic plague which turns an entire city upside down in fear, sorrow, and hatred. Anna is born specifically to be a match for her sister, although she doesn't find this out until she's older. My Sister's Keeper is a novel by Jodi Picoult that was first published in 2003. See Christyne L. Neff, Woman, Womb, and Bodily Integrity, 3 Yale J.L. eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. 106. TV Shows. A former defense attorney finds herself back in court when she and her husband are sued for medical emancipation by their 11-year-old daughter. 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. Another novel One Amazing Thing (2010) like the Chaucers The Canterbury Tales each character of the group tell story about their lives when they were stranded in the building due to earthquake. My Sister's Keeper was a drama film released in 2009, which touched numerous amounts of ethical issues that caused a dilemma between the family and their kids. LIVING IN THE MOMENT & HOPE. Sara and Brian live an idyllic life with their young son and daughter. (2010). 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. . 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 U.S. Supreme Court acknowledged a substantive due process right to bodily integrity in Rochin v. California,91 but the right is one that has long been recognized by common law.92 Bodily integrity as a fundamental right safeguards a persons body from governmental intrusion93 and is considered a right that is sacred.94 Recognition of this right has served as the basis for some of the most controversial of Supreme Court decisions, including the reproductive rights cases. 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. Cain was jealous of Abel at how the Lord was pleased with his brother. 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. Anna was born to be additional parts for Kate. 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. But their family is rocked by sudden, heartbreaking news that forces them to make a difficult and unorthodox choice in order to save their baby girl's life. While the story itself is particularly bleak, there are a few nice cinematic touches that prevent My Sister's Keeper from being a total bummer. 118. 111. Anna is so shocked about Cameron, and worried about Ellen, that her body starts to shake whenever she becomes very nervous or scared. 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