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. One of the primary concerns that opponents of any child euthanasia law have is that it is merely a legalized version of infanticide.136 To avoid the possibility that the law would be used in this way, the psychologist making the minors determination of capacity should also make an independent determination of voluntariness by observing the interactions between the minor and the consenting parent. Minors should have the right to refuse lifesaving treatment based on their right to bodily integrity if they can show that it is in their best interests. 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. ; In re E.G., 549 N.E.2d 322, 326 (Ill. 1989). 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. Latest answer posted October 30, 2021 at 11:11:30 AM. Work Licensure, 791 A.2d 125, 128 n.4 (Me. Sara and Brian are always prepared to rush to the . Why we resist accountability; look at 2. 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. My Sister's Keeper . Latest answer posted October 22, 2010 at 3:25:56 AM. Christa Banister is a full-time freelancer writer, specializing in music, movies and books-related reviews and interviews and is the author of two novels,Around the World in 80 Dates and Blessed Are the Meddlers. 17. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. Kate has realized that Anna has been sacrificing a lot for her. 103. 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's Keeper Review and Study Guide. Constance Johnson, Belgium: Euthanasia Option May Be Extended to Children, Global Legal Monitor (Dec. 17, 2013), http://www.loc.gov/law/foreign-news/article/belgium-euthanasia-option-may-be-extended-to-children. Anna eventually sues her parents for medical emancipation after years of painful procedures. Picoult uses the story of Anna and her sister Kate, who has been diagnosed with leukemia, to explore various moral issues. Jodi Picoult 's novel My Sister's Keeper explores several different moral issues. 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. 42. 2022 American Bar Association, all rights reserved. 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. "My Sister's Keeper" is a movie where one child, Anna, is conceived solely so her older sister Kate can fight leukemia. 1. & Feminism 327, 338 n.60, 339 (1991). Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. . Sure, the time-honored truth about the frailty of life certainly springs to mind. 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. What is the theme. Anna believes that her only role is to be a donor for Kate. 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. 122. The people do not only enjoy exploring the Our summaries and analyses are written by experts, and your questions are answered by real teachers. With our Essay Lab, you can create a customized outline within seconds to get started on your essay right away. One of the ethical principles that can be found in the movie "My Sister's . Summary Read our full plot summary and analysis of My Sister's Keeper, scene by scene break-downs, and more. There is a moral dilemma here as well, and we are invited to reflect upon how much medical treatment is too much. Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . 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. Cardwell v. Bechtol, 724 S.W.2d 739, 749 (Tenn. 1987). Id. Id. The My Sister's Keeper lesson plan contains a variety of teaching materials that cater to all learning styles. You love them in spite of the fact they're not". Jodi Picoult, My Sisters Keeper 38990 (2004). 94. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. Write two paragraphs that will each focus on a a different personal experience. 2 . 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. 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. My Sister`s Keeper, explores the moral, practical and emotional complications of putting one human being in pain or in danger for the wellbeing of another. 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. Instances where moral values would be in conflict would be when the parents must ask themselves, does it make them bad parents to use one child to save another? Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. 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. Given the subject matter, how could it not be? 137. Nick Cassavetes' 'My Sister's Keeper' explores ethical questions surrounding the use of genetic science to design organ donors through in vitro fertilization. Summary: Sara In 2002, Kate meets a boy named Taylor while she receives platelets and he receives chemo. veronica_saldana. Movies. 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. 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. See id. Cloud State University M.A. N.C. Gen. Stat. The moral lesson of the Two Brothers is that blood is thicker than water. 357 (2006). Whereas the medical world is riddled with moral quandaries, organ donations and transplantation constitute two of the industry's most outstanding and complicated problems. Campbell has a crazy family life of his own, so he agrees to help her. 20. 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. Sara watches them flirt and feels happy that her daughter likes a boy. Latest answer posted August 26, 2009 at 6:42:54 AM. References CMN4100. Under Tennessee law, in order for a minor-patient to give valid consent to a medical procedure, he or she must demonstrate the capacity to consent to and appreciate the nature, the risks, and the consequences of the medical treatment involved.39 In the leading case addressing this issue, parents on behalf of their minor child sued an osteopath who had treated for subluxation of the spine and bilateral sacroiliac slip.40 The minor-plaintiff sought treatment with the defendant by herself after informing her parents of her intent to see him so that he could treat her back pain.41 The court determined that, under the rule of sevens,42 the minor-plaintiff was presumed to have the capacity to consent to the defendants treatment.43 Additionally, the court stated that a minors capacity to consent is also contingent upon the minors abilities, experiences, education, training, and degree of maturity, as well as upon the minors ability to understand the risks and consequences of treatment.44 The court also elected to consider the totality of the circumstances, as well as the actual nature, risks, and probable consequences of the treatment sought.45. 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. Accessed 1 Mar. Kind moral The moral agent, Ana, faces moral obligations to save her sister by serving as an organ bank. View My sisters keeper reflection paper.docx from PHIL MISC at Wesleyan University-Philippines in Cabanatuan City. God, knowing full well what has happened asks Cain, "Where is Abel your brother?". Belgiums Parliament Votes Through Child Euthanasia, BBC News (Feb. 14, 2014), http://www.bbc.com/news/world-europe-26181615. 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. 107. cheyennebatista. 92, 93 (N.Y. 1914)). You will need to think about the morality of. Code Ann. 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. 39. 66. 116. 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