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. Ct. 1999). 78 terms. See Shawna Benston, Not of Minor Consequence? 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. 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. . She had got acute promyelocytic leukemia. Certainly, I would not be part of this family (8). Statutes that grant minors certain rights to consent to medical treatment are sometimes called medical emancipation statutes. 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. Let us know your assignment type and we'll make sure to get you exactly the kind of answer you need. Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. Casey is considered the case that fixed the legal recognition of abortion rights. 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. "Moral value is value that must be separated with other values. The novel, My Sisters Keeper, is a story which follows a young girl through her life struggles as she tries to help her sister, enjoy her own life, and fight her mother for a right to her own body. Aug 8, 2009. 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. Connolly v. Bd. Why we resist accountability; look at 2. 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. 118. 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. Minors who are terminally ill may feel trapped in their bodies and feel forced to prolong what is ultimately their physical suffering. There is a moral dilemma here as well, and we are invited to reflect upon how much medical treatment is too much. 20 terms. Nick Cassavetes' 'My Sister's Keeper' explores ethical questions surrounding the use of genetic science to design organ donors through in vitro fertilization. My Sister's Keeper examines what it means to be a good parent, a good sister, a good person. 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. My Sister's Keeper. 1981). . Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. 106. My Sister's Keeper Published by Admin at 19 , 2561 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. Below is an explanation of the virtue ethics as a theory. & L. 557 (2006). Kind moral Other Quizlet sets. Eventually Kaye was not able to continue providing the care her mother required. The operation takes place, but something goes wrong. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. These criteria may include a requirement, such as the one in the Netherlands, that minors under the age of sixteen have the approval of their parents to refuse the treatment. 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. Article Images Copyright , California - Do Not Sell My Personal Information. 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. 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 . "Sister" and "sister's" are the singular forms. 20069 . This would help ensure that the minor has not been coerced into making the decision to refuse lifesaving medical treatment. Is the ending of My Sister's Keeperhappy or sad? Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. My Sister's Keeper (2009) cast and crew credits, including actors, actresses, directors, writers and more. L. Rev. : Medical Decision-Making Autonomy and the Mature Minor Doctrine, 13 Ind. She wanted to find her sister because thats the only family she has. 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. 2023 eNotes.com, Inc. All Rights Reserved. (quoting Schloendorff v. Socy of N.Y. Throughout the novel she sues her mother for the right to her own body, she develops as an individual away from her sister. The Fitzgerald's have been ethically right in the donations they have taken from Anna up until the . 17. A refusal to undergo medical treatment may be considered an immature decision simply because it is a refusal. Our summaries and analyses are written by experts, and your questions are answered by real teachers. First, we have the moral issue surrounding Anna's birth. . Being dishonest with themselves and dishonest with their children is a conflict. In this scenario what would be the subsequent possibility? 13. Derek Kroft, Informed Consent: A Comparative Analysis, 6 J. Intl L. & Prac. 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. Please explain the quote, "You don't love someone because they're perfect. Id. What are the social issues in the movie or book My Sister's Keeper? Parl. Many of the concerns evident in the Florida courts analysis are applicable to a minors desire to refuse lifesaving medical intervention. Kate goes on a date with Taylor. A nationwide search begins. While they were in the field, Cain attacked his brother Abel and killed him. Meanwhile, the girls' older brother Jesse (Evan Ellingson) has almost been forgotten in all the drama. 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. 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. 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. Id. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. Ann. Animal Farm Vocab. This books main character is Anna and she is faced with many obstacles while she strives to save lives and keep herself healthy at the same time. My Sister's Keeper clearly demonstrates how modern scientific advances have resulted in disputes between parents and children. 261 (2011); Michele Goodwin, My Sisters Keeper? 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. As Anna leaves the courtroom, she tells her mother she did great. from St. In order to explain the theory efficiently, defining the theory and then applying it to a literary work will be necessary. Well, until the doctor gives them a bit of controversial, off-the-record advice that could potentially make a significant differencehave another baby that's genetically engineered to perfectly match all of Kate's needs, whether it's for blood, bone marrow or even a kidney. Medical emancipation can be either general or limited according to the structure of the statute. Anna is so shocked about Cameron, and worried about Ellen, that her body starts to shake whenever she becomes very nervous or scared. In . 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. Minors rights over their bodies should not be contingent on their age. A minor can prove that refusal is in his or her best interest by giving evidence of the terminality and incurability of the diagnosed illness, which must cause him or her great suffering. Anna would constantly give blood to Kate in order to save her life. 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. I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. Is it worth trying to discover who you really are if that quest makes you like yourself less? The shaking. Coleman & Rosoff, supra note 17, at 79091 tbl.1. My Sister . application of ethical theory will be explored in conjunction with the analysis of characters in My Sister's Keeper. After she had made it through the rough part of her experience, her perspective on life changed. 53. Campbell has a crazy family life of his own, so he agrees to help her. 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 people do not only enjoy exploring the TV Shows. Jodi Picoult 's novel My Sister's Keeper explores several different moral issues. 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. 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. In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. 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 . You love them in spite of the fact they're not". My sisters KeeperCan someone help me formulate the cultural context of this novel? In Alabama, for example, any person aged fourteen and over has the authority to consent to medical procedures.18 In Delaware, any minor may lawfully consent to certain medical treatments if reasonable efforts were made to first obtain consent from the parents.19 For some states that provide the mature minor doctrine by judicial decision, the minor must meet certain criteria to prove that he or she can provide informed consent to the procedure, and sometimes it must be determined that the medical procedure would be the in the minors best interests.20. 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. 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. 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. 19. Summary: Sara In 2002, Kate meets a boy named Taylor while she receives platelets and he receives chemo. Finally, think about Kate's desire to die and how she has influenced Anna into starting the lawsuit. Cardwell v. Bechtol, 724 S.W.2d 739, 749 (Tenn. 1987). 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. Id. God, knowing full well what has happened asks Cain, "Where is Abel your brother?". Anna also explains that Kate asked her not to donate her kidney because she was bored of being ill and expecting to die. 107. from Franciscan University of Steubenville M.A. My Sister's Keeper Essay Topics & Writing Assignments. eNotes.com will help you with any book or any question. 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. 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. In ''My Sister's Keeper'', author Jodi Picoult explores the ethics and morality of having one sibling do something against their wishes in hopes of providing a better future for the other. Answer you need the cases mentioned earlier in this scenario what would be the subsequent possibility both Annas Kates. 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