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). 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. Answers: 1. Finally, think about Kate's desire to die and how she has influenced Anna into starting the lawsuit. Kaye had gotten to the point where she couldnt cope physically. Sara and Brian live an idyllic life with their young son and daughter. 34. One of the primary concerns that opponents of any child euthanasia law have is that it is merely a legalized version of infanticide.136 To avoid the possibility that the law would be used in this way, the psychologist making the minors determination of capacity should also make an independent determination of voluntariness by observing the interactions between the minor and the consenting parent. Lawrence Schlam & Joseph P. Wood, Informed Consent to the Medical Treatment of Minors: Law and Practice, 10 Health Matrix 141, 148 (2000). Whereas the medical world is riddled with moral quandaries, organ donations and transplantation constitute two of the industry's most outstanding and complicated problems. 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. App. "My Sister's Keeper" is a movie where one child, Anna, is conceived solely so her older sister Kate can fight leukemia. from Signum University. The woman cries: Someone kidnapped my baby! Asked by Isabel B #907456. 17. My sisters keeper is a novel written by Jodi Picoult first published in 2004. LIVING IN THE MOMENT & HOPE. B.A. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . Download the entire My Sister's Keeper study guide as a printable PDF! What is the moral lesson of the story two brother? Synopsis. Connolly v. Bd. More than that, however, is a renewed sense of thankfulness for my faith as an anchor in life's most challenging moments. 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. The shaking. Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . Kate's leukemia (APL) has affected every single one of her family members in that way. Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. 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. Why we resist accountability; look at 2. Cain's response was, "Am I my brothers keeper?" and it has become a catch phrase for the last 7000 years. She wanted to find her sister because thats the only family she has. 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. God, knowing full well what has happened asks Cain, "Where is Abel your brother?". Before Anna was born, Brian and Sara (the parents) wanted to save Kate's life. "Moral value is value that must be separated with other values. 97. 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. 20 terms. 26. of personal autonomy and bodily integrity,97 characterized the newly recognized right to abortion as an extension of the powerful right of physical liberty. Derek Kroft, Informed Consent: A Comparative Analysis, 6 J. Intl L. & Prac. /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. Asked by Shakya H #926861. Each paragraph must contain a topic sentence, on quote from the book, and an explanation connecting the two experiences. Kind moral from St. The principles that stem out of My Sister's Keeper are difficult to face as they challenge morality and humanity. And her best work, like the 2004 bestseller My Sister's Keeper, also poses timely ethical questions that ultimately leave the reader with plenty of food for thought. Few cases have recognized a minors right to refusal, and the circumstances under which this refusal right is granted are limited. 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. Reproductive rights have been imperative to the formation of the mature minor doctrine. Belgian Senate Votes to Extend Euthanasia to Children, BBC News (Dec. 12, 2013), http://www.bbc.com/news/world-europe-25364745. 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. 1. All rights reserved. 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. 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. Step 2) Discuss and explore central . Radhika Rao, Property, Privacy, and the Human Body, 80 B.U. 35. 120. If the nature of the treatment is also considered in these circumstances, then a fact-finder could potentially decide a minor lacks maturity based on the course of treatment he or she wishes to elect. Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. It is a conflict of interest because Sara is making decisions that save one daughter in expense of her other daughter's body. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. My Sister . 106. My Sister's Keeper Multiple Choice Test Questions. 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. 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. 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. 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. Is it worth trying to discover who you really are if that quest makes you like yourself less? Baird v. Atty Gen., 371 Mass. 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. 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. Mother forces Anna to donate her kidney Mother allows Anna to decide if she wants to donate her Kidney Gives her kidney to Kate Doesn't give her kidney to Kate The plural forms are "sisters" and . 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 . Some scholars consider Planned Parenthood of Central Missouri v. Danforth109 an early recognition of a minors constitutional right to bodily integrity in the context of these rights.110 Overall, minors do not have substantial protections from parental decision-making in the medical context in American jurisprudence. The Connecticut Supreme Courts reasoning underlines the problem inherent in a childs medical treatment: No matter how close to the age of majority, minors have no articulated rights to make decisions concerning their bodies. Summary Read our full plot summary and analysis of My Sister's Keeper, scene by scene break-downs, and more. 118. MY SISTER'S KEEPER by Jodi Picoult is the amazing, gut-wrenching, sad, funny, insightful, moving and thought-provoking story of this American family. What are the social issues in the movie or book My Sister's Keeper? The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . My Sister's Keeper Review and Study Guide. Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. Much more dignified and less manipulative than I had expected. Based in St. Paul, Minn., she also weighs in on various aspects of pop culture on her personal blog. 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. 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. Name a treatment Kate has, and tell me some of the side effects she has to deal with. As Anna enters her teen years, she starts to question the entire purpose of . It's time to renew your membership and keep access to free CLE, valuable publications and more. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. My Sister's Keeper Published by Admin at 19 , 2561 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. & Feminism 327, 338 n.60, 339 (1991). 107. Sara and Brian are always prepared to rush to the . 741, 754 (1977). Dont do it, she repeated, and it wasnt until I heard her a second time that I understood what she was really saying. 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. MY SISTER'S KEEPER (Movie Review) 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. Ct. 1999). So in a move that's been widelyand passionatelydebated online, the story's conclusion has been softened a little. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. L. Rev. Id. Animal Farm Vocab. 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. If the expert testimony suggests that a parent has unduly influenced a minor child into refusing treatment, the states child welfare system would need to become involved if it were not involved already. 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. Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. Jodi Picoult. 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 moral terms, you should think about whether or not Anna's parents are taking advantage of their daughter. She wants to have a say in how her body is being used, and she sues her parents for medical emancipation. 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. In this film, Anna Fitzgerald is a. 23 terms. The operation takes place, but something goes wrong. 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 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. Cloud State University M.A. 1295, 130203 (2015). The moral lesson of the Two Brothers is that blood is thicker than water. The My Sister's Keeper lesson plan contains a variety of teaching materials that cater to all learning styles. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. 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. In . References CMN4100. 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 . 76. 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 . University of Connecticut Law School, J.D. 2 . 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. 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. Even in those jurisdictions that employ the mature minor doctrine, minors have the burden of proving their maturity using standards that are sometimes paradoxical and often circular in logic. 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. One of her my sister's keeper moral lesson members in that way wants to have a in. In moral terms, you should think about Kate 's desire to die and how she has to deal.! Its groundbreaking predecessor Roe v. Wade96 as a printable PDF case, I feel the that. Brother? & quot ; widelyand passionatelydebated online, the story 's conclusion has been a! Keeper are difficult to face as they challenge morality and humanity refusal, and circumstances... 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