my sister's keeper moral lesson

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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. My Sister's Keeper examines what it means to be a good parent, a good sister, a good person. The people do not only enjoy exploring the The character of Sara is most adamant that it is in Annas best interests to act as a donor for Kate. Chances are, Id still be floating up in Heaven or wherever, waiting to be attached to a body to spend some time on Earth. 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. 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. Casey is considered the case that fixed the legal recognition of abortion rights. Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. 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. Is it ethical to create a child with specific genetic factors? 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. Radhika Rao, Property, Privacy, and the Human Body, 80 B.U. 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. My Sister's Keeper Published by Admin at 19 , 2561 And now Anna's parents are insisting that she give her sister a kidney. Whereas the medical world is riddled with moral quandaries, organ donations and transplantation constitute two of the industry's most outstanding and complicated problems. References CMN4100. Answers: 1. One of the earliest authoritative decisions using the mature minor analysis was Smith v. Seibly.7 In this case, the plaintiff had elected to undergo a vasectomy at eighteen years old, which at the time in Washington State law was in the age of minority.8 When the plaintiff reached the age of majority, he filed suit against the physician who had performed the procedure, claiming that he had been unable to consent to the surgery because of his age.9 The Washington Supreme Court held that the plaintiff was an emancipated minor at the time that he had given his consent to the surgery because, at eighteen years old, he was already married, the head of his household, and economically independent, and he had completed high school.10 The court had previously determined in Grannum v. Berard11 that a minors ability to consent to surgical procedures required case-by-case analysis,12 and it stated that age, intelligence, maturity, training, experience, economic independence or lack thereof, general conduct as an adult[,] and freedom from the control of parents13 were all factors that, when weighed together, would determine whether a minor was mature for the purpose of making medical decisions. The Biblical solution; and 3. 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? 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. 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. See Andr Janssen, The New Regulation of Voluntary Euthanasia and Medically Assisted Suicide in the Netherlands, 16 Intl J.L., Poly & Family 260 (2002). Based on Jodi Picoult's same-named novel, MY SISTER'S KEEPER is a bona fide tearjerker. Asked by Isabel B #907456. The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). 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. She has published novels in multiple genres including realistic fiction, historical fiction, magical realism and fantasy. 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. But in order to prove that she has provided informed consent, the minor must first prove that she has the capacity to do so. ; In re E.G., 549 N.E.2d 322, 326 (Ill. 1989). 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. The moral lesson of the Two Brothers is that blood is thicker than water. Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. Belgiums Parliament Votes Through Child Euthanasia, BBC News (Feb. 14, 2014), http://www.bbc.com/news/world-europe-26181615. Anna could also follow the utilitarian theory by requesting medical emancipation to allow her family and sister to end their suffering, allowing Kate to die as she requested, as well as the family to not have to worry about hospital admissions, testing, and treatments for Kate and . 2 . 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. Article Images Copyright , California - Do Not Sell My Personal Information. L. Rev. 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. 23 terms. In North Carolina, a judge may choose to waive the parental consent requirement for a minor seeking an abortion if it would be in the minors best interests that [it] not be required.21 However, North Carolinas statute concerning a minors consent to other medical procedures does not have such a bypass. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. 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 Anna believes that her only role is to be a donor for Kate. 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. 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. 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. Response: If I were in the same situation Anna was in, I would do everything I can to save my sibling's life, even if my sick sibling tells me to stop helping them to get better. Health L. Rev. 117. 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. (2010). Migration and population study guide. 115. 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. As the summary on the back of the book states, "Anna is not sick, but she might as well be.". What are the social issues in the movie or book My Sister's Keeper? Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. Anna was an orphan. She traveled to find her sister on her own. The plural forms are "sisters" and . 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.. For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. Asked by Shakya H #926861. See supra note 42 and accompanying text. DVD Release Date: November 17, 2009Theatrical Release Date: June 26, 2009Rating: PG-13 (for mature thematic content, some disturbing images, sensuality, language and brief teen drinking)Genre: DramaRun Time: 109 min.Director: Nick CassavetesActors: Cameron Diaz, Abigail Breslin, Jason Patric, Sofia Vassilieva, Heather Wahlquist, Evan Ellingson, Alec Baldwin, Thomas Dekker. Other sets by this creator. With our Essay Lab, you can create a customized outline within seconds to get started on your essay right away. As Anna leaves the courtroom, she tells her mother she did great. 1, 3 (2016). Lesson 2 (sept 7,2021) Language Culture and society Eed Topic: First vs. Second Language. It was also based on a novel of the same name. Legal Issues 637 (1999), for an example of how these statutes may differ. 66. Latest answer posted October 24, 2019 at 3:11:22 PM. 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. The film "My Sister's Keepers" poses a moral dilemma concerning the predestined life of a girl who was conceived to save her sister. Legal Med. 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. N.C. Gen. Stat. Given the subject matter, how could it not be? Another major theme in this novel is "The importance of living in the moment.". 705 N.E.2d 1155 (Mass. 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. 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. Few cases have recognized a minors right to refusal, and the circumstances under which this refusal right is granted are limited. See Sharon Smith, The Medical Emancipation of Minors: A California History, 11 J. Contemp. 103. The woman cries: Someone kidnapped my baby! The two brothers were each other's keeper. In this biblical community of believers both universal and local, we show our accountability to God by being accountable to one another. Every value will get quality if it has relation with other values". 76. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . 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. 63 terms. "my sister's keeper"). The media report it day and night, calling for clues and witnesses of the crime. Jodi Picoult, My Sisters Keeper 38990 (2004). 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. Chance for uninterrupted access to free CLE and other benefits, to sue parents... 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