Therefore, she wants to sue her parents for rights of her own body. My Sister's Keeper is interlaced with flashbacks which develop its plot through different family relationships. 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. 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. Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . Cardwell v. Bechtol, 724 S.W.2d 739, 749 (Tenn. 1987). 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 . 1295, 130203 (2015). 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. You will need to think about the morality of. 42. Cloud State University M.A. 106. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . 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. Download the entire My Sister's Keeper study guide as a printable PDF! The movie surrounds a family in turmoil after they have a baby and realize the baby is sick (Kate). Last updated by jill d #170087 3 years ago 9/8/2019 5:59 PM. Based on Jodi Picoult's same-named novel, MY SISTER'S KEEPER is a bona fide tearjerker. Sisters'. "Sister" and "sister's" are the singular forms. This new novel is by far her best achievement and a leap forward in her literary oeuvre. Eur. There were many sleepless nights and tears. 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? Later in the story, it is revealed that is was Kates idea to not want Anna to donate anymore. I have thought of this daughter only in terms of what she will be. With nothing much in the way of legal precedent for this unusual case, and a big twist that eventually comes out of left field, the audience gets too jerked around to really ponder the case's legal ramifications. Judi Picoult had successfully published My Sister's Keeper in the year 2004. N.C. Gen. Stat. 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. 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. The My Sister's Keeper lesson plan contains a variety of teaching materials that cater to all learning styles. "My Sister's Keeper" is a movie where one child, Anna, is conceived solely so her older sister Kate can fight leukemia. In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. The character of Sara is most adamant that it is in Annas best interests to act as a donor for Kate. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. Sample topic sentence: In Jodi Picoult's book, My Sister's Keeper, Anna's relationship with her sister, Kate, is very similar to my . Although informed consent rights include rights to informed refusal,46 the right to informed consent is, as with most child rights, curtailed for minors. 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. Anna, on the other hand, desires her medical freedom. Sarah and Brian conceived Anna almost exclusively for the reason that Kate needed the umbilical cord blood in order to live. 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. 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. [ ] . Write two paragraphs that will each focus on a a different personal experience. The shaking. 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. Jodi Picoult. Medical emancipation can be either general or limited according to the structure of the statute. ETHICAL DILEMMAS IN MY SISTERS KEEPER. 118. There are many different kinds of ethical problems that Anna, as the designer baby, is the role she plays in her family, loyalty, illness, and medical ethics, and rights. 136. The U.S. Supreme Court acknowledged a substantive due process right to bodily integrity in Rochin v. California,91 but the right is one that has long been recognized by common law.92 Bodily integrity as a fundamental right safeguards a persons body from governmental intrusion93 and is considered a right that is sacred.94 Recognition of this right has served as the basis for some of the most controversial of Supreme Court decisions, including the reproductive rights cases. Hosp., 105 N.E. 92. But in order to prove that she has provided informed consent, the minor must first prove that she has the capacity to do so. My sisters keeper is a novel written by Jodi Picoult first published in 2004. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. 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. Summary: Sara In 2002, Kate meets a boy named Taylor while she receives platelets and he receives chemo. One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. Another major theme in this novel is "The importance of living in the moment.". (quoting Schloendorff v. Socy of N.Y. 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. Much more dignified and less manipulative than I had expected. Children, however, are not merely an extension of their parents, and if the State is able to recognize that in certain contextssuch as in termination of parental rights proceedingsthen it should also apply in the context of medical decisions. Radhika Rao, Property, Privacy, and the Human Body, 80 B.U. 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.. Union Pac. After she had made it through the rough part of her experience, her perspective on life changed. Minors should have the right to refuse treatment to avoid subjecting themselves to unwanted bodily invasion. Every value will get quality if it has relation with other values". 741, 754 (1977). It is revealed to us in chapter one (Monday) that Anna is an allogeneic donor, meaning she is a perfect donor for her sister Kate who has acute promyelocytic leukemia. Limiting the circumstances under which a minor may refuse such treatment in this way may prove acceptable under American law and, if accepted, would open the door to establish a robust right for any person to refuse lifesaving treatment. My Sister . Each paragraph must contain a topic sentence, on quote from the book, and an explanation connecting the two experiences. 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. Sara watches them flirt and feels happy that her daughter likes a boy. 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. 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. Anna was an orphan. Anna was born in order to serve as a bone marrow donor for her sister, and as time goes on, she winds up being forced to undergo many painful procedures for this purpose. This would mean that in order for a minors right to refuse lifesaving treatment to be introduced into American jurisprudence, the standards that a minor has to meet must be high. 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. The woman cries: Someone kidnapped my baby! 39. Let us know your assignment type and we'll make sure to get you exactly the kind of answer you need. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. 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. This would give the court a disinterested partys opinion of that capacity, which is necessary in proceedings that have the potential to be highly charged and emotional. In in some jurisdictions, determining the best interests of the minor involves an evaluation of the parent-child relationship. One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . 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 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. 2004. She has published novels in multiple genres including realistic fiction, historical fiction, magical realism and fantasy. In this film, the writer concludes that there are some of moral values such as honesty, bravery, love and affection, fair or justice and loyalty. Reproductive rights have been imperative to the formation of the mature minor doctrine. 16. 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"? 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. To think about the morality of this new novel is & quot ; and quot! 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