Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. 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. 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. A designer baby, as they have come to be known, is a child genetically engineered in vitro for selected traits. 53. 42. She traveled to find her sister on her own. 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. The operation takes place, but something goes wrong. Kate slowly started to get sicker and eventually died. Id. 92, 93 (N.Y. 1914)). "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. Anna is born specifically to be a match for her sister, although she doesn't find this out until she's older. 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. Cain's response was, "Am I my brothers keeper?" and it has become a catch phrase for the last 7000 years. dominant kinds of moral values found in the film My Sister's Keeper by Nick Cassavetes is Bravery. 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"? Answers: 1. 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. 705 N.E.2d 1155 (Mass. Many of the concerns evident in the Florida courts analysis are applicable to a minors desire to refuse lifesaving medical intervention. 63 terms. 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. Instead of focusing her creative energy on sweeping stories of long lost love la Nicholas Sparks, Picoult crafts twisty tearjerkers that revolve around dysfunctional families. ; In re E.G., 549 N.E.2d 322, 326 (Ill. 1989). 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. Cloud State University M.A. Anna, the story's protagonist, is brought into the. 4. tracyt. 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 94. Accessed 1 Mar. Although it is highly unlikely that the United States would welcome a euthanasia law in the near future, if at all, the standards of these European laws can be used to inform an approach to a minors refusal to undergo lifesaving treatment. There were many sleepless nights and tears. 123. cheyennebatista. 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. The people do not only enjoy exploring the The character of Sara is most adamant that it is in Annas best interests to act as a donor for Kate. Asked by Isabel B #907456. Anna was an orphan. I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. What is the theme. What is the moral lesson of the story two brother? One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. Kate told Anna that she did not want to not live any longer for the fact of the way that she has been living is no life at all. See Amy T.Y. The Biblical solution; and 3. Summary & Analysis Prologue Monday Tuesday Wednesday, part 1 Wednesday, part 2 Thursday, part 1 Thursday, part 2 Friday The Weekend Monday, part 1 Monday, part 2 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. 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. 357 (2006). Sample topic sentence: In Jodi Picoult's book, My Sister's Keeper, Anna's relationship with her sister, Kate, is very similar to my . Print Word PDF. B. Jessie Hill, Constituting Childrens Bodily Integrity, 64 Duke L.J. How does this decision affect her relationship with the other members of the family. 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. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. 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. Id. 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? The accident was very traumatizing to Anna since she was awake during the entire accident, and that is why she becomes very nervous and scared all the time, and develops PTSD. Arguably, a minors right to refuse lifesaving treatment is grounded in his or her right to bodily integrity. Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. 76. While Massachusetts may be progressive in that it makes the mature minor doctrine applicable to procedures outside of those relating to reproductive rights, the type of treatment a minor seeks could inform a courts decision, implying that even if a minor meets all other criteria and is deemed mature in all other respects, the type of treatment chosen (or refused) can influence the courts decision. Our summaries and analyses are written by experts, and your questions are answered by real teachers. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . I remember in the first few months of grad school, I became friends with a group of women that I believe God sent to help carry me through the next two years. 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. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. My Sister's Keeper examines what it means to be a good parent, a good sister, and a good person. 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. Minors are only allowed to seek whatever treatment they need if they are emancipated22 or if they are seeking treatment for venereal disease, pregnancy, substance abuse, or emotional disturbance.23 An exception can be made for emergency medical treatment,24 but the statute is limited to the aforementioned circumstances. Communicative Competence 1 Linguistic 2 3 4. I think she was only intent on doing what had to be done to keep her family intact by preserving the life of Kate. My Sister's Keeper is a novel by Jodi Picoult that was first published in 2003. Vocabulary Workshop test 13-15. 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. One of the ethical principles that can be found in the movie "My Sister's . 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. 60 terms. Id. You will need to think about the morality of Anna's parents specifically designing a baby to be a match for Kate. Anna sues her parents, Sarah and Brian, for medical emancipation. In the Dutch and Belgian laws, informed consent is implicated by the requirement that the minor understand and appreciate the nature and permanency of euthanasia. Needless to say, this doesn't go well with Sara, Anna's mother, who gets served court papers while waiting beside Kate in her hospital bed. She has published novels in multiple genres including realistic fiction, historical fiction, magical realism and fantasy. Currently, individuals can select gender, traits to lower the child's risk of disease, or to ensure they are a genetic match for another individual. Her pram is empty, there's no trace of the child. 97. 66. . 111. My grad school experience felt very much like a roller coaster ride. 92. Union Pac. Warmly told from each character's point of view, a move that mirrors Picoult's own writing style, the audience has a better opportunity to connect with everyone involved. 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. Synopsis. There is a moral dilemma here as well, and we are invited to reflect upon how much medical treatment is too much. 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. Director Nick Cassavetes has coaxed amazing performances from his first-rate cast, including Diaz, who surprises with the strength of her rage and melancholy as a mother determined not to see her child die. 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 . Is it morally correct to do whatever it takes to save a child's life, even if that means infringing upon the rights of another? 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. Name a treatment Kate has, and tell me some of the side effects she has to deal with. : Medical Decision-Making Autonomy and the Mature Minor Doctrine, 13 Ind. 106. Health L. Rev. Latest answer posted April 26, 2010 at 11:54:50 PM. A healthy family in this stage is challenged with the tasks of loosening family ties, couple relationship, parent-teen communication, maintenance of family moral and ethical standards, and . Jodi Picoult. Picoult uses the story of Anna and her sister Kate, who has been diagnosed with leukemia, to explore various moral issues. 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. Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. 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. She is a housemaid and a widow that is stuck on her own trying to heal many people. She also learns that the person in the other car, was her brothers girlfriend, Cameron Polk, and she died. See id. This means one sister owns an item (i.e. 117. The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). She is at the center of an ethical dilemma as she has to decide what is best for her and her family. Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . 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. Starring: Cameron Diaz,Abigail Breslin,Alec Baldwin. Article Images Copyright , California - Do Not Sell My Personal Information. 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. By limiting the euthanasia laws to minors whose ailments are incurable, who are terminally ill, and who are in a state of unbearable physical suffering, Dutch and Belgian legislatures implicate a standard of the minors best interests. My sisters KeeperCan someone help me formulate the cultural context of this novel? Science Chapter 11. Gramtical Competence -the acquisition of phonological rulesw,morphological words,syntactic rules,semantic rules and lexixal items Sociolinguistic Competence -the learning of pragmatic aspect of various speech acts,namely,the cultural values, norms, and other . My siblings matter to me and I wouldn't want to see them out of my sight ever. . 1. 16. Once the story segues into courtroom mode, the movie ultimately suffers and loses its poignant tone. My Sister's Keeper Essay Topics & Writing Assignments. 34. The Fitzgerald's have been ethically right in the donations they have taken from Anna up until the . 1981). Movies. In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. Lai, To Be or Not to Be My Sisters Keeper?, 32 J. 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 . Every value will get quality if it has relation with other values". See Sharon Smith, The Medical Emancipation of Minors: A California History, 11 J. Contemp. 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. Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. 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. . The Movie: My Sister's Keeper, a New Line Cinema production, in theaters on June 26, 2009 and is rated PG-13. Connolly v. Bd. 21. Migration and population study guide. Why we resist accountability; look at 2. of Soc. However I do not think she meant for Anna to be at the mercy of her sister. Do you think it would work? I asked. Certainly, I would not be part of this family (8). Based on Jodi Picoult's same-named novel, MY SISTER'S KEEPER is a bona fide tearjerker. 101. "Most babies are accidents, not me. 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. Genesis 4:8. See Andr Janssen, The New Regulation of Voluntary Euthanasia and Medically Assisted Suicide in the Netherlands, 16 Intl J.L., Poly & Family 260 (2002). This set of Lesson Plans consists of approximately 104 pages of tests, essay questions, lessons, and other teaching materials. The right of a patient to refuse lifesaving medical treatment, which is often characterized as a patients right to die,98 has also been recognized as tangential to the right of bodily integrity. Legal Issues 637 (1999), for an example of how these statutes may differ. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. eNotes.com will help you with any book or any question. My Sister's Keeper Multiple Choice Test Questions. First, we have the moral issue surrounding Anna's birth. They're tearjerkers, but never inThe Notebook sense. 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. Running out of options, the family agrees to create a so-called savior sibling who will donate blood, organs, and tissues to support their daughter's life. "Moral value is value that must be separated with other values. Kate goes on a date with Taylor. Nick Cassavetes' 'My Sister's Keeper' explores ethical questions surrounding the use of genetic science to design organ donors through in vitro fertilization. Although the decision to move her mother to the hospice was difficult to accept, it was a welcomed event. Other Quizlet sets. 90-21.8(e)(2) (West 2017). Book Club Discussion Questions for My Sister's Keeper by Jodi Picoult. 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. 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. 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. Kate has realized that Anna has been sacrificing a lot for her. Minors rights over their bodies should not be contingent on their age. 2022 American Bar Association, all rights reserved. Therefore, she wants to sue her parents for rights of her own body. They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). That night, Sara overhears Kate gushing about it to Anna. 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 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 . "What moral themes are present in My Sister's Keeper?" My Sister . Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. tit 13, 707(b)(5) (West 2017). 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 . 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. 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