A minors beliefs and convictions should be at the forefront of the best interests of the child standard, regardless of whether these beliefs are religious or not. 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. In jurisdictions where the mature minor doctrine can be invoked in all medical decision-making, an analysis of the minors best interests includes a greater variety of criteria. This would mean that in order for a minors right to refuse lifesaving treatment to be introduced into American jurisprudence, the standards that a minor has to meet must be high. Judi Picoult had successfully published My Sister's Keeper in the year 2004. 1981). 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. . Book Club Discussion Questions for My Sister's Keeper by Jodi Picoult. 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. Therefore, she wants to sue her parents for rights of her own body. 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. eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. 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. And in yet another memorable cameo, Alec Baldwin injects a much-needed shot of comic relief as an attorney for Anna who decides to seek "medical emancipation" from her family. Eventually Kaye was not able to continue providing the care her mother required. Kaye had gotten to the point where she couldnt cope physically. Del. Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. 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. My Sister's Keeper Neela:Victory Song (2002) is another work by her for young readers. This set of Lesson Plans consists of approximately 104 pages of tests, essay questions, lessons, and other teaching materials. 23 terms. 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. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. 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. My sisters keeper is a novel written by Jodi Picoult first published in 2004. B.A. 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. Legal Issues 637 (1999), for an example of how these statutes may differ. However, if the procedure that the minor is refusing to undergo would produce a very good prognosis, the States interests in the preservation of life may overrule the childs desires. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. Lawrence Schlam & Joseph P. Wood, Informed Consent to the Medical Treatment of Minors: Law and Practice, 10 Health Matrix 141, 148 (2000). They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. In Bertens theory, it describes that moral value that must be separated with other values because moral value is different with other values. 2002). She is no longer a girl who wants to fit in or feel cool. (quoting Schloendorff v. Socy of N.Y. This means one sister owns an item (i.e. Second, there is a strong moral theme regarding the morality (or lack thereof) of Anna's parents continuously using Anna's body as a resource for Kate. Sample topic sentence: In Jodi Picoult's book, My Sister's Keeper, Anna's relationship with her sister, Kate, is very similar to my . The moral agent, Ana, faces moral obligations to save her sister by serving as an organ bank. Kate has realized that Anna has been sacrificing a lot for her. "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. 65. 115. Id. Baird v. Atty Gen., 371 Mass. Anna, the story's protagonist, is brought into the. Ct. 1999). 94. tit 13, 707(b)(5) (West 2017). 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? My Sister's Keeper. eNotes.com will help you with any book or any question. Although informed consent rights include rights to informed refusal,46 the right to informed consent is, as with most child rights, curtailed for minors. 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. 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. 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. Sara and Brian are always prepared to rush to the . My Sister's Keeper . 21. What are the social issues in the movie or book My Sister's Keeper? In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. Other sets by this creator. my sister's keeper moral issues Category: Business Paper Type: Homework Reference: APA Words: 1500 Ethical Issues in the Movie "My Sister's Keeper" There are following ethical issues in the in the movie The ethics of Breeding The ethical issue of breeding Anna as a Donor for Kate 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. First, we have the moral issue surrounding Anna's birth. . Statutes that grant minors certain rights to consent to medical treatment are sometimes called medical emancipation statutes. See id. App. 1, 3 (2016). 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. Let us know your assignment type and we'll make sure to get you exactly the kind of answer you need. Latest answer posted October 24, 2019 at 3:11:22 PM. Latest answer posted October 30, 2021 at 11:11:30 AM. 2 . 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. Yes, it's possible: in vitro fertilization assured a perfect match. 5. This is part of the Massachusetts analysis of a childs best interests. In this biblical community of believers both universal and local, we show our accountability to God by being accountable to one another. It is important as a health care provider to make sure the patient keeps their autonomy while informing them about what the best options are even if it is against what they want. The Maine Supreme Court discussed its approach to the mature minor doctrine in In re Swan,59 a case involving a nonreligious refusal of lifesaving (or, more accurately, life-preserving) treatment. Kate's leukemia (APL) has affected every single one of her family members in that way. Sara watches them flirt and feels happy that her daughter likes a boy. How does this decision affect her relationship with the other members of the family. 16. 2022 American Bar Association, all rights reserved. dominant kinds of moral values found in the film My Sister's Keeper by Nick Cassavetes is Bravery. "Moral value is value that must be separated with other values. 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. 135. Minors should have the right to refuse treatment to avoid subjecting themselves to unwanted bodily invasion. The book tells the story of Anna Fitzgerald, a 13 years old girl that was genetically selected to be a savior sibling to save her older sister's life. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. Is it morally correct to do whatever it takes to save a child's life? Summary: Sara In 2002, Kate meets a boy named Taylor while she receives platelets and he receives chemo. 28. Being dishonest with themselves and dishonest with their children is a conflict. "What moral themes are present in My Sister's Keeper?" 60 terms. 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. In American jurisprudence generally, the best interests of the child are often intertwined with familial and paternal interests, which is exemplified by Massachusettss mature minor doctrine.132 Instead, the standard for best interest of the child should focus primarily and perhaps solely on the child, especially when the child is experiencing profound physical suffering. Anna would constantly give blood to Kate in order to save her life. Given the subject matter, how could it not be? How does it affect the kidney donation issue? 2d 548, 553 (Fla. Dist. She felt like she was responsible for Annas pain because as portrayed in the movie, Kate felt like she let her parents hurt her sister. 1. : Law, Children, and Compelled Donation, 29 W. New Eng. Do you think it would work? I asked. This new novel is by far her best achievement and a leap forward in her literary oeuvre. Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. She is the only hope for Kate to get better. 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. 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. Few cases have recognized a minors right to refusal, and the circumstances under which this refusal right is granted are limited. 20. It is a conflict of interest because Sara is making decisions that save one daughter in expense of her other daughter's body. In October 2013, the Parliamentary Assembly of the Council of Europe adopted Resolution 1952, which concerned childrens rights to physical integrity.111 The focus of this resolution was on the protection of a child from unnecessary and nonmedically justified procedures, including male and female circumcision, genital surgery on intersex children, and piercing, tattooing, and plastic surgery.112 The Parliamentary Assembly based its resolution on the United Nations Convention on the Rights of the Child, which protects children against all forms of violence.113 The Convention on the Rights of the Child also recognizes a minors right to privacy,114 which is sometimes considered a companion to the right to bodily integrity.115, Belgium made headlines in 2014 when it became the first country in the world to legalize the euthanasia of any terminally ill minor, regardless of age.116 This decision, of course, has been met with its fair share of controversy. 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. 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