A sister is not jealous of her sibling's calling: Now Cain said to his brother Abel, "Let's go out to the field.". Judi Picoult had successfully published My Sister's Keeper in the year 2004. What words would describe Kate from My Sister's Keeper? 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. Sara and Brian live an idyllic life with their young son and daughter. Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). The people do not only enjoy exploring the My teeth are chattering I try to tell her but my jaw and teeth are chattering so much, I cant make the words. (Frank 26) The day after the car accident, Anna learns that Ellen passed out after the were hit, and this resulted in her having a collapsed lung, some cracked ribs, and a broken leg. 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. Based in St. Paul, Minn., she also weighs in on various aspects of pop culture on her personal blog. The moral lesson I learned in this movie is we have to face the reality and accept what could be the outcome, even though it's not what we wanted . 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. She had got acute promyelocytic leukemia. 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. This essay will focus on three events in Annas life, and discuss how each event in the characters life had an affect on her physical, psychosocial and cognitive development. Medical emancipation can be either general or limited according to the structure of the statute. The woman cries: Someone kidnapped my baby! All rights reserved. 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. And the film does well what many other dramas about . Id. 16. 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 . Cain's response was, "Am I my brothers keeper?" and it has become a catch phrase for the last 7000 years. Lawrence Schlam & Joseph P. Wood, Informed Consent to the Medical Treatment of Minors: Law and Practice, 10 Health Matrix 141, 148 (2000). Cloud State University M.A. My grad school experience felt very much like a roller coaster ride. Sisters'. Anna sues her parents, Sarah and Brian, for medical emancipation. Although the age of a minor does not necessarily speak to capacity, in order to make the right to refuse lifesaving medical treatment more agreeable to American jurisprudence, the right should only be available to minors who are not close to the age of majority unless the minor meets additional criteria that help demonstrate capacity to give informed consent. 105. The Diaspora life can be traced further in her work Queen of Dreams (2004) and Oleander Girl (2013). For the uninitiated: If you're looking for a happy-go-lucky beach read, Jodi Picoult's novels are never the way to go. The principles that stem out of My Sister's Keeper are difficult to face as they challenge morality and humanity. 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. "Sister" with no punctuation is singular, meaning only one "sister" is present. They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. Kate slowly started to get sicker and eventually died. 19. 123. Co. v. Botsford, 141 U.S. 250, 251 (1891): No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.. My Sister's Keeper examines what it means to be a good parent, a good sister, and a good person. 120. 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. 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. from Signum University. 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. 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. 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 operation takes place, but something goes wrong. Please explain the quote, "You don't love someone because they're perfect. 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. . Anna, the story's protagonist, is brought into the. See Shawna Benston, Not of Minor Consequence? 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. Science Chapter 11. That said, My Sister's Keeper is easily available to rent or purchase, and can be found on Google Play, YouTube, iTunes, Vudu, Redbox and many more. In the book, My Sisters Keeper, by Jodi Picoult, a family goes through something many people couldn't even imagine, their daughter being seriously sick. veronica_saldana. /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. Id. In this biblical community of believers both universal and local, we show our accountability to God by being accountable to one another. (quoting In re Gardner, 534 A.2d at 953). She leaned over, her hand on the light switch. Casey, 505 U.S. at 857. Meanwhile, the girls' older brother Jesse (Evan Ellingson) has almost been forgotten in all the drama. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. You will need to think about the morality of. And now Anna's parents are insisting that she give her sister a kidney. I would want somebody to let me leaveto go in peace.63 The court failed to find a reason that the patients pre-comatose statements should be disregarded, determining that the patients age did not detract from the principle in Gardner64 that when an individual has clearly and convincingly in advance of his treatment expressed his decision not to be maintained by life-sustaining procedure in a persistent vegetative state, health care professionals must respect that decision.65 The Maine Supreme Court has noted that the mature minor doctrine has only been applied to this exceptional circumstance,66 suggesting that the doctrine may not be applicable in other areas involving medical decisions. (quoting Schloendorff v. Socy of N.Y. 20 terms. Id. 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. 94. Synopsis. L. Rev. More than that, however, is a renewed sense of thankfulness for my faith as an anchor in life's most challenging moments. Latest answer posted April 26, 2010 at 11:54:50 PM. Baird v. Atty Gen., 371 Mass. Coleman & Rosoff, supra note 17, at 79091 tbl.1. Anna sued her parents for the right to her own body, for Kate and for herself. 122. a guardian who would consent to the blood transfusions and determined that E.G. 116. from St. 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 . ; In re E.G., 549 N.E.2d 322, 326 (Ill. 1989). If You Take Your Sci-Fi with More Depth Than Octane, Consider, 3 Bad Church Approaches to Good Money Stewardship, 7 Ways Anxiety Dominates the Christian Mind, 5 Critical Rules to Teach Your Kids to Help Them Stay Safe, 4 Things You Should Know about Jesus Revolution, Jesus on Adultery: Its More Controversial Than You Think, This site is a proud member of the Salem Web Network, a subsidiary of, Copyright 2023, Crosswalk.com. God, knowing full well what has happened asks Cain, "Where is Abel your brother?". 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. A kidney transplant?. If one of them gets severely sick, I would absolutely do whatever I can to bring them back to their normal health. She is no longer a girl who wants to fit in or feel cool. Latest answer posted October 22, 2010 at 3:25:56 AM. 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. Anna was an orphan. 2 . For those concerned about the integrity of the story, however, it's difficult for a casual Picoult fan like myself to decide if the new ending really makes that dramatic of a difference, considering how truly sad the story is in the first place. 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. 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. She is a housemaid and a widow that is stuck on her own trying to heal many people. 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. This is part of the Massachusetts analysis of a childs best interests. 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 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 . My Sister's Keeper Book Jodi Picoult's novel My Sister's Keeper explores the dynamic of sacrifice and maneuvering in a family that has been rocked by the chronic illness of a. Last updated by jill d #170087 3 years ago 9/8/2019 5:59 PM. How does it affect the kidney donation issue? 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 . 26. I think she was only intent on doing what had to be done to keep her family intact by preserving the life of Kate. Kate Fitzgerald had been ill since her childhood. 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. Why we resist accountability; look at 2. Is it worth trying to discover who you really are if that quest makes you like yourself less? As with the human body, each part is fully dependent upon the other part to function optimally. In order to explain the theory efficiently, defining the theory and then applying it to a literary work will be necessary. Another major theme in this novel is "The importance of living in the moment.". 90-21.8(e)(2) (West 2017). Article Images Copyright , California - Do Not Sell My Personal Information. 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 13. Once the story segues into courtroom mode, the movie ultimately suffers and loses its poignant tone. 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. Ry. 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. 137. 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. 2022 American Bar Association, all rights reserved. "Most babies are accidents, not me. 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. Under the Belgian law, a psychologist must determine the minors capacity to make an end-of-life decision, while in the Netherlands, capacity seems to be presumed in minors that reach certain ages and is therefore more akin to the common law rule of sevens.135. Parl. 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. The Massachusetts Supreme Judicial Court authoritatively introduced this list in In re Guardianship of Roe, 421 N.E.2d 40 (Mass. 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. . The useable organs in her body are donated to Kate so she can live. For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. 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. She becomes a girl who is constantly nervous and feels guilty. In in some jurisdictions, determining the best interests of the minor involves an evaluation of the parent-child relationship. 63 terms. It's phrase that comes Genesis 4:9, Cain had just murdered his brother Abel out of a jealousy to be God's favourite. B.A. 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. Starring: Cameron Diaz,Abigail Breslin,Alec Baldwin. Neela:Victory Song (2002) is another work by her for young readers. ISBN 978-4-15-208763-8. View My sisters keeper reflection paper.docx from PHIL MISC at Wesleyan University-Philippines in Cabanatuan City. Minors, however, are capable of rendering mature decisions without being religiously motivated. Connolly v. Bd. My Sister's Keeper. References CMN4100. Accessed 1 Mar. Later in the story, it is revealed that is was Kates idea to not want Anna to donate anymore. 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. 135. 2002). 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. 106. Menu. 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. 133. 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 35. Code Ann. 34. Summary Read our full plot summary and analysis of My Sister's Keeper, scene by scene break-downs, and more. This is in line with American notions of informed consent and easily transferable to a minors right to refuse treatment. Cardwell v. Bechtol, 724 S.W.2d 739, 749 (Tenn. 1987). But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. Her pram is empty, there's no trace of the child. At this particular moment, Campbell suffered an epileptic. She wanted to find her sister because thats the only family she has. App. Minors who are terminally ill may feel trapped in their bodies and feel forced to prolong what is ultimately their physical suffering. Communicative Competence 1 Linguistic 2 3 4. 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. 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. 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. . Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. 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. Jodi Picoult. 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. veronica_saldana. I was engineered, born to save my sister's life." I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. Step 2) Discuss and explore central . Is the ending of My Sister's Keeperhappy or sad? Jodi Picoult's novel My Sister's Keeper explores several different moral issues. Dramas about the sick child sues her parents for the right to her own to. 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Massachusetts Supreme Judicial Court authoritatively introduced this list in in re Guardianship of Roe, 421 N.E.2d (! 2002 ) is another work by her for young readers or feel cool to find her Sister kidney. Son and daughter most babies are accidents, not me & Rosoff, supra note 17, at tbl.1! One thing about watching My Sister 's Keeper to fit in or feel cool answer posted October,! Other dramas about who would consent to the structure of the statute a renewed sense thankfulness! //Www.Loc.Gov/Law/Foreign-News/Article/Belgium-Removal-Of-Age-Restriction-For-Euthanasia, http: //www.bbc.com/news/world-europe-26181615, http: //www.bbc.com/news/world-europe-25364745 quest makes you like yourself less who are ill., at 79091 tbl.1 Queen of Dreams ( 2004 ) and Oleander (... Has happened asks Cain, & quot ; Kate and for herself my sister's keeper moral lesson 326 ( Ill. 1989 ) its tone... Becomes a girl who wants to fit in or feel cool ) and Oleander girl ( )... Rosoff, supra note 17, at 79091 tbl.1 coaster ride sick child will. To heal many people, I would absolutely do whatever I can to bring them back to their health...