: Medical Decision-Making Autonomy and the Mature Minor Doctrine, 13 Ind. 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. 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. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. 1. 7 excellent Sister's Keeper qualities: 1. Each paragraph must contain a topic sentence, on quote from the book, and an explanation connecting the two experiences. Key words: Moral Value, Good impact, My Sister's Keeper I. App. Although the decision to move her mother to the hospice was difficult to accept, it was a welcomed event. 120. Jodi Picoult received an AB in creative writing from Princeton and a master's degree in education from Harvard. 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. 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. 2002). Introduction My Sister's Keeper is a movie that explores the clinical and ethical issues of compelled organ donations. Sisters'. Neela:Victory Song (2002) is another work by her for young readers. Anna, on the other hand, desires her medical freedom. My Sister's Keeper Published by Admin at 19 , 2561 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. (quoting Schloendorff v. Socy of N.Y. See Amy T.Y. 21. Sample topic sentence: In Jodi Picoult's book, My Sister's Keeper, Anna's relationship with her sister, Kate, is very similar to my . And her best work, like the 2004 bestseller My Sister's Keeper, also poses timely ethical questions that ultimately leave the reader with plenty of food for thought. And in yet another memorable cameo, Alec Baldwin injects a much-needed shot of comic relief as an attorney for Anna who decides to seek "medical emancipation" from her family. After she had made it through the rough part of her experience, her perspective on life changed. The plural forms are "sisters" and . 705 N.E.2d 1155 (Mass. 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 . In My Sister's Keeper, what are the main differences in the movie vs the book? The people do not only enjoy exploring the My Sister's Keeper. 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. "Moral value is value that must be separated with other values. 2023 eNotes.com, Inc. All Rights Reserved. The principles that stem out of My Sister's Keeper are difficult to face as they challenge morality and humanity. How does it affect the kidney donation issue? Kate told Anna that she did not want to not live any longer for the fact of the way that she has been living is no life at all. The character of Sara is most adamant that it is in Annas best interests to act as a donor for Kate. If the nature of the treatment is also considered in these circumstances, then a fact-finder could potentially decide a minor lacks maturity based on the course of treatment he or she wishes to elect. 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. 103. My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. A sister is not jealous of her sibling's calling: Now Cain said to his brother Abel, "Let's go out to the field.". I would want somebody to let me leaveto go in peace.63 The court failed to find a reason that the patients pre-comatose statements should be disregarded, determining that the patients age did not detract from the principle in Gardner64 that when an individual has clearly and convincingly in advance of his treatment expressed his decision not to be maintained by life-sustaining procedure in a persistent vegetative state, health care professionals must respect that decision.65 The Maine Supreme Court has noted that the mature minor doctrine has only been applied to this exceptional circumstance,66 suggesting that the doctrine may not be applicable in other areas involving medical decisions. 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. Similar factors appear in other early cases that helped shape the mature minor doctrine. 2009 | Maturity rating: 13+ | 1h 44m | Films Based on Books. Please explain the quote, "You don't love someone because they're perfect. It made me wonder, though, what would have happened if Kate had been healthy. In Florida, the court uses the following factors to determine whether notifying a parent that his or her minor child is seeking an abortion is in her best interests: the minors emotional or physical needs; the possibility of intimidation, other emotional injury, or physical danger to the minor; the stability of the minors home and the possibility that notification would cause serious and lasting harm to the family structure; the relationship between the parents and the minor and the effect of notification on that relationship; and the possibility that notification may lead the parents to withdraw emotional and financial support from the minor.25. 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. 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 34. Starring: Cameron Diaz,Abigail Breslin,Alec Baldwin. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. 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. In re Doe, 973 So. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . 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. Jodi Picoult 's novel My Sister's Keeper explores several different moral issues. Synopsis. Accessed 1 Mar. L. Rev. But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. Eur. 117. The accident was very traumatizing to Anna since she was awake during the entire accident, and that is why she becomes very nervous and scared all the time, and develops PTSD. Based on the constitutional right to bodily integrity, a minor should have the right to invoke the mature minor doctrine in order to refuse lifesaving medical treatment. 20. How does this decision affect her relationship with the other members of the family. It seems, then, that the informed consent requirement of the mature minor doctrine is circular in its reasoning: A minor-patient must demonstrate that he or she is a mature minor by proving an ability to give informed consent but must demonstrate a certain level of maturity to prove capacity to make informed decisions about medical treatment. The book Keeper, what would have happened if Kate had been healthy Sister & # x27 s! Similar factors appear in other early cases that helped shape the Mature minor Doctrine, 13 Ind in. 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