If the expert testimony suggests that a parent has unduly influenced a minor child into refusing treatment, the states child welfare system would need to become involved if it were not involved already. B. Jessie Hill, Constituting Childrens Bodily Integrity, 64 Duke L.J. Union Pac. They're tearjerkers, but never inThe Notebook sense. 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. I think she was only intent on doing what had to be done to keep her family intact by preserving the life of Kate. This, however, does not affect their relationship with each other. A minors right to refuse lifesaving treatment is limited, even when that minor can otherwise demonstrate his or her maturity. Campbell has a crazy family life of his own, so he agrees to help her. Work Licensure, 791 A.2d 125, 128 n.4 (Me. Derek Kroft, Informed Consent: A Comparative Analysis, 6 J. Intl L. & Prac. One of the main moral dilemmas in "My Sister's Keeper" by Jodi Picoult is how parents should balance the needs of their children. Anna was an orphan. 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. Ct. 1999). My Sister's Keeper is a novel by Jodi Picoult that was first published in 2003. 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 . 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. 42. 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 . Jodi Picoult, My Sisters Keeper 38990 (2004). veronica_saldana. The Diaspora life can be traced further in her work Queen of Dreams (2004) and Oleander Girl (2013). This gives the idea that Annas best interests and welfare are closely tied to those of her family, who. 123. Doriane Lambelet Coleman & Philip M. Rosoff, The Legal Authority of Mature Minors to Consent to General Medical Treatment, 131 Pediatrics 786, 79091 tbl.1 (2013). See Shawna Benston, Not of Minor Consequence? You love them in spite of the fact they're not". You will need to think about the morality of Anna's parents specifically designing a baby to be a match for Kate. 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. 103. In this film, Anna Fitzgerald is a. 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. 25. This substantially limits the choices a minor may actually have when undergoing medical treatment. 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. The recipient of the 2003 New England Book Award for her entire body of work, she is the author of twenty-seven novels, including the #1 New York Times bestsellers House Rules, Handle With Care, Change of Heart, and My Sister's Keeper, for which she received the American Library . 359, 38789 (2000). 2. My Sister's Keeper Published by Admin at 19 , 2561 After she had made it through the rough part of her experience, her perspective on life changed. 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 . App. Radhika Rao, Property, Privacy, and the Human Body, 80 B.U. 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. 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. 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. Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. 20 terms. There is a moral dilemma here as well, and we are invited to reflect upon how much medical treatment is too much. 2 . 17. of personal autonomy and bodily integrity,97 characterized the newly recognized right to abortion as an extension of the powerful right of physical liberty. 5. "Moral value is value that must be separated with other values. Through the biggest fight of their lives, all this fictional family has is one another, which is an amazing foundation that many people aren't quite so fortunate to have. The Fitzgerald's have been ethically right in the donations they have taken from Anna up until the . This means one sister owns an item (i.e. 39. Summary Read our full plot summary and analysis of My Sister's Keeper, scene by scene break-downs, and more. The media report it day and night, calling for clues and witnesses of the crime. Anna Fitzgerald, the main character of the novel, is being used as body parts to keep her sister Kate alive rather than being loved and appreciated for the person she truly is. As with the human body, each part is fully dependent upon the other part to function optimally. Minors who are terminally ill may feel trapped in their bodies and feel forced to prolong what is ultimately their physical suffering. (quoting In re Gardner, 534 A.2d at 953). 76. MY SISTER'S KEEPER by Jodi Picoult is the amazing, gut-wrenching, sad, funny, insightful, moving and thought-provoking story of this American family. Health L. Rev. 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