Hospital Sued After Dying Lesbian's Partner Denied Access To Her

[Moloch]

(Miami, Florida) A lawsuit will be filed in Miami Wednesday against a hospital that refused to allow the partner of a dying lesbian to see because they were not considered family.

The suit will be filed by Lambda Legal which is representing Janice Langbehn.

Langbehn and Lisa Pond had planned to take their three children on a family cruise. The Olympia, Washington couple had been together 18 years and with their children were looking forward to the holiday.

But just as they were about to depart on the cruise from Miami, Florida. Pond, a healthy 39-year-old, suddenly collapsed. She was rushed to Jackson Memorial Hospital in Miami with Langbehn and the children following close behind.

Once Langbehn and the children arrived at the hospital the hospital refused to accept information from her about Ponds’s medical history.

http://www.365gay.com/Newscon08/06/062408fam.htm

[Lorien]

1. I hope she wins the lawsuit

it's not just gays and lesbians who suffer under these absurd policies. I'm single and my friend know far more about me than my family does. If I were sent to a hospital my mother might only pray for me while my father would be frozen, incapable of making any decision (he's terrible in a crisis). My friends, on the other hand, are the ones I would want by my side. And what about couples who cohabitate but don't believe in marriage? i know quite a few of those. One of my friend had to lie about being a family member of his girlfriend's mother so that he could be with her when she was undergoing cancer treatment. It's all so idiotic that hospitals can decide just who is important in our lives.

[sakura]

2. Why would be people be so hateful? How could they do this to a dying person and her family?

I hope Langbehn wins big. And I hope that in twenty years (by the time my son is an adult), this type of discrimination is only a sad, hateful memory of the bad old days, a memory that causes people to scratch their heads in wonder at society's ignorance and stupidity.

[Creideiki]

10. Ah, but she wasn't a "person"

She was a nasty, sinful lesbian, and it would be awful to support the sin by recognizing the sinner's humanity. :sarcasm:

[sakura]

19. Right. I forgot.

When you live in a relatively liberal state (like Oregon, or at least the Portland area within Oregon) it's easy to forget how reactionary the rest of the country can be. It's hard to imagine that type of discrimination happening here. My son doesn't bat an eye at the fact that some of his friends have 2 moms or 2 dads or 2 moms and 2 dads. I did live in South Texas years ago, though, and people acted the way you describe there.

[liberalla]

3. Oh, that poor family! On top of the urgent medical crisis, we have

these hateful, harmful and outdated laws to totally fuck up the entire situation. It's so god damn unjust! I'm at a loss for words. I feel sick and sad for this family. :cry:

I hope she wins BIG, and sets a new precedent for families in these circumstances. These laws have got to change. They just have to.

[peacebird]

4. what sort of PERVERT could do this? Would they treat unmarried hetero parents the same?

Obviously this was a family, and to keep a dying person from thier loved ones is unconscionable PERIOD.

[terrya]

5. Good.

I hope those hateful, bigoted motherfuckers at that hospital loses big. I hope they have to shell out millions.

Of course, what they did to that poor family can never be fully rectified. I just about cried when I read that story. That was one of the most shameful things I've read about in a long time.

[moose65]

6. Ridiculous!

But is this a law or just hospital policy? If it's just hospital policy, then threats of lawsuits and letters of protest might work! I think a person should have the right to designate anyone he/she wants to make medical decisions or to be able to visit in the hospital. Anything else is absolute horseshit. What gives some unnamed hospital flunky the right to decide these things? And as someone pointed out, this isn't just a gay issue. ANYONE should be able choose the people who will be with them in the hospital.

[Ms. Toad]

18. There are two issues

The first is the refusal to provide information - that is Federal law (HIPAA). The law forbids the release of health information to anyone without the patient's consent. Theoretically, it even prevents the disclosure of health information to an opposite gender spouse without consent. Does pose some interesting question when, as here, the patient cannot authorize the release of information.

We got caught in that once. Pre-surgery I was with my spouse during intake and consent was verbally given to release information, but it wasn't recorded on the chart. Post surgery, I was reading my spouse's chart and had it taken from my hands (and I was guarded during the rest of the recovery time to make sure I didn't take a sneak peak). The post-surgical staff weren't present at the intake and didn't have any proof she had consented - and under the effects of anesthesia and pain killers she was no longer legally able to consent (even though she kept babbling and telling them it was ok). Rule for the future: make sure verbal consent is actually recorded in the chart. Probably also a good idea to carry a witnessed authorization in your wallet (or something else you carry with you) granting your spouse the right to see your medical records - as well as one signed and witnessed by your spouse granting you the right to see her records. May not work, but when your spouse is unable to authorize the release of information it does at least give you an argument that anyone inclined to be helpful can stand behind if supervisors decide she shouldn't have released protected information.

The second issue, who can be present, is (probably) just hospital policy. My spouse is not legally entitled to be with me in the hospital, since our marriage is not recognized - but on the other hand, there is no law prohibiting my spouse being there.

[southern_belle]

7. How awful!

:mad:

[LeftCoast]

8. This is why I make a point not to travel to FL or other states that won't recognize my rights

Hope they win their suit. Terrible situation.

[seafan]

9. In November, Floridians will be forced to vote on Amendment 2.

Amendment 2: Gay Marriage Ban

Specifies marriage as the legal union of one man-one woman.



This amendment will also affect, for example, unmarried/widowed/divorced senior citizens of the opposite sex who live together for economic reasons-- such as protection of pensions and pooling of resources to make their money last longer. They will also be at risk for denial of hospital visiting privileges or sharing of health benefits.


We need to banish this bigotry and discrimination once and for all.


As long as republicans are driving this hatred, nothing will change.



Hospital Sued After Dying Lesbian's Partner Denied Access To Her, June 24, 2008 (Miami, FL)

[robinlynne]

15. this crap all over again?

[Moloch]

16. I'm really conflicted about...

the state I'm going to be registered in. I'm currently in Virginia and I'd like to vote there because Obama and mcbush will be extremely close and I'd like my vote to have as much impact as possible.

On the other hand, Florida has this incredibly bigoted amendment and I'll be moving there next week. There was a similar amendment which was passed in VA a few years back but it has been partially repealed by the courts and hopefully all of it will be.

I just wish I could vote in every state!@#

[2Design]

17. florida is so full of hateful repuliks and ciminals it is unbelievable n/t

[progressoid]

11. Among the "best hospitals in America"

Also a major teaching facility for the U of Miami.

http://www.jhsmiami.org/landing.cfm?id=7

I was expecting to find it being run by some fundy church or something. Sadly this is not the case.

This is state sponsored discrimination.

[closeupready]

12. They are lucky I'm not going to be on that jury.

:mad:

[keepCAblue]

13. Yet another example of why marriage equality ...

... shouldn't be left up to individual states to decide who can and cannot be married.

Hello, Mr. Obama, are you listening?

[robinlynne]

14. I hope they win millions and more!

[Amimnoch]

20. What a horrible way to end a family vacation :(

This is the archetypal example of why we fight for marriage equality.

Being in one of the states that is going backwards on marriage equality, my partner and I have gone to every length the law does allow us.

Important documents:
-Last will and testament - the only way to see that property, and possessions you have or share goes to the person you want them to.
-Living will - allows my man to make life support decisions for me should I be incapacitated, and vice versa.
-Power of attorney - allows my partner to make financial decisions, and sign legal documents on my behalf.
-Medical power of attorney - allows my partner to make medical decisions on my behalf, and gives him full legal right to visit me, and sign on my behalf for medical courses of action.

When we vacation, we always keep a notarized copy of our documents for each other with us. The medical power of attorney, if this couple had had one with them would have made all the difference.

Sure, they shouldn't have needed them, and I hope that hospital looses its ass in this suit, but if they'd had a copy with them, the hospital would have been legally obligated to allow Janice visitation, and would have had to keep Janice informed of Lisa's condition, and would have been legally obligated to act on Janices information regarding her medical history.

Sadly, with the bigotry in our country regarding us, there's STILL the chance the hospital administration may have refused.. but if they had, the consequences for that decision could have put them in even more legal problems.

[Creideiki]

21. They had the power of attorney

"1. yes Lisa and I had durable powers of attorney or (POA), advance directives and living wills. We did not carry them on me but as soon as I was told I was in an anti gay city and state I had a close friend run to our house, she found them and faxed them immediately."

[Creideiki]

22. Another odd question

Should my parents have to carry their marriage certificates with them at all times? I just want to know, because even though they are both in good health, they are getting older. Heaven forbid a tragedy should strike, I would want them to have the legal recognition to take care of each other.

Or is it not an issue because my parents have the good luck to be of opposite genders? Clearly it can't be by name alone, because then how would a hospital know not to give my aunt (my dad's brother's wife) the same standing as my mother?

[lightningandsnow]

23. I heard about this story.

What a terrible situation.

Bigots make me sick.