Casey is considered the case that fixed the legal recognition of abortion rights. & L. 557 (2006). 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. Latest answer posted April 26, 2010 at 11:54:50 PM. Is it worth trying to discover who you really are if that quest makes you like yourself less? 2008). They're tearjerkers, but never inThe Notebook sense. SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. 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. 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. A minors right to refuse lifesaving treatment is limited, even when that minor can otherwise demonstrate his or her maturity. 136. 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. The moral agent, Ana, faces moral obligations to save her sister by serving as an organ bank. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . My grad school experience felt very much like a roller coaster ride. Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . My Sister's Keeper Review and Study Guide. The plural forms are "sisters" and . 457, 459 (1997). Is the ending of My Sister's Keeperhappy or sad? Similar factors appear in other early cases that helped shape the mature minor doctrine. 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. 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. LIVING IN THE MOMENT & HOPE. 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. My kidney, My life My Sister's Keeper is a 2009 American drama film directed by Nick Cassavetes and starred by Cameron Diaz, Abigail Breslin, Sofia Vassilieva and Alec Baldwin. However I do not think she meant for Anna to be at the mercy of her sister. If the child welfare agency reasonably believed that the parent unduly influenced the minor, the state would then have a basis for removing the minor from that parents care. See Sharon Smith, The Medical Emancipation of Minors: A California History, 11 J. Contemp. 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. Health L. Rev. 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. 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. 2004. 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. The woman cries: Someone kidnapped my baby! 101. 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. Science Chapter 11. 107. Finally, think about Kate's desire to die and how she has influenced Anna into starting the lawsuit. She also gave her a bone marrow. Id. 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. In order to explain the theory efficiently, defining the theory and then applying it to a literary work will be necessary. In a bit of casting I honestly never expected to work, Cameron Diaz trades in her typical ditzy blond shtick and throws herself into the decidedly unglamorous role of Sara Fitzgerald, an attorney who gives up her practice when her young daughter Kate (Sofia Vassilieva from TV's Medium) is diagnosed with leukemia. Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). See id. Kate slowly started to get sicker and eventually died. Nicolas Boring, Belgium: Removal of Age Restriction for Euthanasia, Global Legal Monitor (Mar. 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. My sisters keeper is a novel written by Jodi Picoult first published in 2004. The film "My Sister's Keepers" poses a moral dilemma concerning the predestined life of a girl who was conceived to save her sister. My sisters KeeperCan someone help me formulate the cultural context of this novel? 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. 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. Aug 8, 2009. 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. Accessed 1 Mar. 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. 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. Latest answer posted October 22, 2010 at 3:25:56 AM. Our summaries and analyses are written by experts, and your questions are answered by real teachers. 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 . "Sister" with no punctuation is singular, meaning only one "sister" is present. 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. The events that will be discussed are: how being brought into the world to save Kate affected Annas psychosocial development, how having to undergo many surgeries at a very young age affected Annas physical development, and also how Annas cognitive development was affected by her sisters sickness and death. 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. They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. Massachusetts and Oregon were introduced to the issue of a minor refusing lifesaving treatment in the context of religious freedom in In re Rena53 and In re Connor.54 Massachusetts best interests standard takes into consideration a minors expressed religious preferences as part of its balancing test,55 and, in In re Rena, the Massachusetts Appeals Court found that the lower court had erred in ordering the petitioner to receive the blood transfusions without weighing her religious objections as a component of the mature minor doctrine.56 However, the respondent-minor had turned eighteen by the time this issue reached the appellate court, and it vacated the final order because the issue had become moot,57 thereby declining to hold definitively whether the respondent-minor was a mature minor or whether her constitutional rights had been violated. In addition to capturing the dramatic physical changes that inevitably come as the cancer spreads and the retching that results from chemotherapy sessions, it also shows the 24/7 level of dedication that's required to care for the afflictedand how family members suffer in the wake of its all-consuming nature. Belgiums Parliament Votes Through Child Euthanasia, BBC News (Feb. 14, 2014), http://www.bbc.com/news/world-europe-26181615. She is at the center of an ethical dilemma as she has to decide what is best for her and her family. 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. Sisters'. 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. 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. 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 . My Sister's Keeper clearly demonstrates how modern scientific advances have resulted in disputes between parents and children. 1, 3 (2016). Yes, it's possible: in vitro fertilization assured a perfect match. [ ] . She is the only hope for Kate to get better. One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. 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. 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. "Moral value is value that must be separated with other values. 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. Anna eventually sues her parents for medical emancipation after years of painful procedures. 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. 2002). 122. See Andr Janssen, The New Regulation of Voluntary Euthanasia and Medically Assisted Suicide in the Netherlands, 16 Intl J.L., Poly & Family 260 (2002). My Sister's Keeper is interlaced with flashbacks which develop its plot through different family relationships. "Most babies are accidents, not me. Id. In this film, Anna Fitzgerald is a. 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. Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. Vocabulary Workshop test 13-15. 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 . L. Rev. 25. My Sister's Keeper examines what it means to be a good parent, a good sister, a good person. Anna was born to be additional parts for Kate. Eur. The Massachusetts Supreme Judicial Court authoritatively introduced this list in In re Guardianship of Roe, 421 N.E.2d 40 (Mass. 28. As with the human body, each part is fully dependent upon the other part to function optimally. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. Synopsis. What is the moral lesson of the story two brother? 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. 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. 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. . A kidney transplant?. 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. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. Connolly v. Bd. On January 24, 2012, a young mother of a six-month-old daughter is found unconscious on a pavement. 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. Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. For the uninitiated: If you're looking for a happy-go-lucky beach read, Jodi Picoult's novels are never the way to go. My Sister's Keeper . Jodi Picoult. 115. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. Print Word PDF. Like abortion, passive euthanasia evokes strong moral objections that could put a strain on the parent-child relationship. . Other Quizlet sets. 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 is a conflict of interest because Sara is making decisions that save one daughter in expense of her other daughter's body. Let us know your assignment type and we'll make sure to get you exactly the kind of answer you need. 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. Del. of Soc. Anna would constantly give blood to Kate in order to save her life. 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. B. Jessie Hill, Constituting Childrens Bodily Integrity, 64 Duke L.J. The rule of sevens is a common law rule of capacity that states that under the age of seven, a minor lacks capacity; between the ages of seven and fourteen, there is a rebuttable presumption of no capacity; and between the ages of fourteen and twenty-one, there exists a rebuttable presumption of capacity. 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. 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.. (quoting In re Gardner, 534 A.2d at 953). tit 13, 707(b)(5) (West 2017). You will need to think about the morality of Anna's parents specifically designing a baby to be a match for Kate. Best interests of the child is a varying, paternalistic standard that complicates a minors access to certain medical treatment, including the refusal of medically accepted, lifesaving treatment. Anna, on the other hand, desires her medical freedom. Movies. Picoult uses the story of Anna and her sister Kate, who has been diagnosed with leukemia, to explore various moral issues. Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. Sarah and Brian conceived Anna almost exclusively for the reason that Kate needed the umbilical cord blood in order to live. 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. Starring: Cameron Diaz,Abigail Breslin,Alec Baldwin. 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. 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. 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. 2009 | Maturity rating: 13+ | 1h 44m | Films Based on Books. 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. Reproductive rights have been imperative to the formation of the mature minor doctrine. Sisters Empower. After she had made it through the rough part of her experience, her perspective on life changed. One of the ethical principles that can be found in the movie "My Sister's . 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 . 92. 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. 2023 eNotes.com, Inc. All Rights Reserved. Questions are answered by real teachers emancipation by their 11-year-old daughter been diagnosed with leukemia, to explore moral. Are never the way to go in assessing capacity would be a match for Kate to function.... Even those that are strong and well-established emancipation after years of painful procedures authoritatively. 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