Below is an explanation of the virtue ethics as a theory. 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. As the Illinois Supreme Court pointed out, the age of majority is not an impenetrable barrier that magically precludes a minor from possessing and exercising certain rights normally associated with adulthood.137 Minors are not less aware than adults of intrusions into their bodies solely because of their age, and age should not preclude them from making decisions about their bodies. It's time to renew your membership and keep access to free CLE, valuable publications and more. 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. 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. She leaned over, her hand on the light switch. This new novel is by far her best achievement and a leap forward in her literary oeuvre. In certain contexts, this right is one that has already been recognized, but overall, is in need of expansion. Warmly told from each character's point of view, a move that mirrors Picoult's own writing style, the audience has a better opportunity to connect with everyone involved. Id. Given the subject matter, how could it not be? 2008). 133. Latest answer posted October 24, 2019 at 3:11:22 PM. In jurisdictions where the mature minor doctrine can be invoked in all medical decision-making, an analysis of the minors best interests includes a greater variety of criteria. 118. The two brothers were each other's keeper. A designer baby, as they have come to be known, is a child genetically engineered in vitro for selected traits. A refusal to undergo medical treatment may be considered an immature decision simply because it is a refusal. B.A. was a mature minor who was entitled to exercise her religion freely, and could therefore refuse the blood transfusions.50 The Illinois Supreme Court held that mature minors have the right to consent to and refuse medical treatment.51 The court declined to address the constitutional issue presented in the case,52 implying that, in Illinois at least, religious grounds are not the only circumstances under which a minor may refuse medical treatment. Print Word PDF. Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. "Moral value is value that must be separated with other values. My Sister's Keeper. Mother forces Anna to donate her kidney Mother allows Anna to decide if she wants to donate her Kidney Gives her kidney to Kate Doesn't give her kidney to Kate Code Ann. My Sister's Keeper Essay Topics & Writing Assignments. A minors right to refuse lifesaving treatment is limited, even when that minor can otherwise demonstrate his or her maturity. 106. Minors, however, are capable of rendering mature decisions without being religiously motivated. 35. A nationwide search begins. A minors beliefs and convictions should be at the forefront of the best interests of the child standard, regardless of whether these beliefs are religious or not. 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. Latest answer posted October 22, 2010 at 3:25:56 AM. 357 (2006). Jodi Picoult 's novel My Sister's Keeper explores several different moral issues. 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. Running out of options, the family agrees to create a so-called savior sibling who will donate blood, organs, and tissues to support their daughter's life. Latest answer posted October 30, 2021 at 11:11:30 AM. My Sister . Statutes that grant minors certain rights to consent to medical treatment are sometimes called medical emancipation statutes. 7 excellent Sister's Keeper qualities: 1. In moral terms, you should think about whether or not Anna's parents are taking advantage of their daughter. Anna was born to be additional parts for Kate. I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. 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. The novel "My Sister's Keeper" by Jodi Picoult explores the medical, legal, ethical and moral issues related to long term illness and discusses some of the bioethical issues around the experimental technique known as pre-implantation genetic diagnosis. Because religious beliefs implicate a fundamental right that is enumerated in the First Amendment to the Constitution, it is understandable that these beliefs are capable of supporting a minors decision to refuse lifesaving treatment. SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. Ct. App. 1, 3 (2016). Another major theme in this novel is "The importance of living in the moment.". Kate slowly started to get sicker and eventually died. 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. She eventually won the case and didn't have to give Kate the kidney. 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. Jodi Picoult's novel My Sister's Keeper explores several different moral issues. In order to explain the theory efficiently, defining the theory and then applying it to a literary work will be necessary. . Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. Id. 111. 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. Dont do it, she repeated, and it wasnt until I heard her a second time that I understood what she was really saying. Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. With the 's ending, "sister's" is the singular possessive form. 1295, 130203 (2015). But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. View My sisters keeper reflection paper.docx from PHIL MISC at Wesleyan University-Philippines in Cabanatuan City. 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. 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. 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. MY SISTER'S KEEPER by Jodi Picoult is the amazing, gut-wrenching, sad, funny, insightful, moving and thought-provoking story of this American family. Sure, the time-honored truth about the frailty of life certainly springs to mind. Id. Anna eventually sues her parents for medical emancipation after years of painful procedures. How does it affect the kidney donation issue? 25. 2. Jodi Picoult's My Sister's Keeper is a novel that explores the difficult topic of the terminal illness of a sixteen-year-old girl and the lengths her family goes through in order to preserve her life. Minors should have the right to refuse treatment to avoid subjecting themselves to unwanted bodily invasion. Massachusetts best interests standard is applicable to minors wishing to refuse certain medical treatments through In re Rena.26 Although the issue in the case was moot,27 the Massachusetts Appeals Court listed the factors to be considered when determining whether allowing the child to make certain medical decisions is in his or her best interests.28 The first two criteria focus on the minor-patients expressed preferences for the operation, as well as the patients religious convictions.29 The next factor considers the impact that the desired treatment would have on the patients family.30 The fourth and fifth criteria examine the probability of adverse side effects from the treatment and the minor-patients prognosis without treatment.31 Finally, the court determines the present and future incompetency of the patient in making that decision.32 The factors that focus on the minor-patient (i.e., expressed wishes, religious beliefs, and incompetency) must also be weighed against the maturity of the minor-patient to make an informed choice.33 Even though this standard seems more child-centered, parental preferences still invade the evaluation of a minors best interests. 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