Court dismisses suit by lesbian who couldn’t see dying partner at Miami’s Jackson Memorial Hospital

[Scurrilous]

<snip>

"A federal court in Miami has dismissed a lawsuit filed by a Washington state lesbian who was not allowed to visit her dying partner at Jackson Memorial Hospital.

"The hospital took the position that we thought was pretty extreme -- that it has no duty, no legal obligation, to allow visitors (of any sort) in the hospital. The court agreed," said Beth Littrell, a staff attorney for Lambda Legal, a national gay-rights group representing Janice Langbehn, whose partner of 17 years died at Jackson in 2007.

Langbehn's partner, Lisa Pond, suffered a fatal brain aneurysm on Feb. 18, 2007, shortly before they were to sail with their three children on a Caribbean cruise for gay families.

At Jackson, Langbehn said, a social worker would not let her visit Pond because Florida is "an anti-gay state." Pond, 39, died the next day.

From the beginning, Jackson said Langbehn was not discriminated against and defended social worker Garnett Frederick, who denied making the comment.

Langbehn, with the help of Lambda Legal, sued the hospital. The case, which received publicity around the country, was thrown out Tuesday."

more


Gay Woman,3 Kids Denied Dying Partner Visitation, Jackson Memorial Hospital, Fla. (Feb-09-09)

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=221&topic_id=119230

[Liberal_in_LA]

1. too bad

[Ruby the Liberal]

2. K&R

How inhumane. :(

[thunder rising]

3. Now ACLU needs to come in and help appeal. It's time for a national level decision

[Barack_America]

5. +1

[Nikki Stone1]

9. YES!

!

[Starry Messenger]

4. WTF?

That's ridiculous. :grr:

[LeftyMom]

6. This is why the "leave it up to the states" cop out is utter bullshit.

If you travel or transact business in a state that doesn't support your rights you're still fucked. This couple had dotted their Is and crossed their Ts in their home state but they were still fucked because they took a family vacation to a state full of phobes.

[Nikki Stone1]

7. EXACTLY. This is so immoral.

:kick:

[kath]

17. Exactly - if it had been "left up to the states" we'd STILL have segregated schools, lunch counters,

water fountains, etc in the deep South.

[MisterP]

23. if it were "up to the states," segregation wouldn't be an issue because they'd still be PROPERTY n/t

[kath]

24. Right you are! I didn't take my thinking back far enough...

[Neecy]

8. Disgusting, but not surprising

Discrimination like this is routine, which is one of the reasons we're not willing to be patient much longer.

[Madrone]

10. Utter bullshit.

I am disgusted beyond words.

[nadinbrzezinski]

11. Why I say I live in a third word country.

and to those who think otherwise, byte me.

[ShadowLiberal]

12. There wasn't even family trying to prevent them from seeing her?!? That's really wrong

Sure they 'were not discriminated against' Florida, that's as believable as someone saying 'the sky is green'. :eyes:

And I'm sure they would have done the exact same thing to a man who showed up with 3 kids and said that the lady was his partner and that these were her kids. :eyes:

[tammywammy]

13. That's messed up

That poor woman, and all gay couples that face this discrimination. It's time for equal rights for all.

[Pab Sungenis]

14. This kind of crap just makes me want to launch the Wyoming Project.

Get one million gays and lesbians to move to Wyoming, make it the first Majority Gay State, and have at least one place where we're not only welcome, we're the norm.

[Flaneur]

15. The difference between legality and justice.

[sakabatou]

16. Sickening

[mrbarber]

18. Fucking Florida.

Ashamed that I was born into that backwards redneck hellhole. Let it sink into the goddamn ocean.

[madeline_con]

20. ...

[Tommy_Carcetti]

28. "Let it sink into the goddamn ocean."

Two words. Begins with Fuck. Ends with you.

[dickthegrouch]

19. Federal Court???? WTF

I'm not often given to profanity, but this is FUCKING WRONG.

Take it to the Supreme Court. I'll donate to that cause.

[happyslug]

21. You can NOT appeal issues of FACT, only issue of law

And what the Court ruled was no illegal discrimination took place for the Hospital decided NO ONE was permitted to see this person. The Court found, as a finding of fact, that the Hospital permitted NO ONE and that the person in the Hospital was gay was NOT a factor in that decision. Unless you can show, as a matter of law, that some form of illegal discrimination took place, this case is done. On appeal all that can be reviewed is whether there is evidence to support the finding of the Judge, if such evidence exist (Such as the Hospital saying it did NOT cause any harm to the Plaintiff) the decision of the Judge must be upheld (and the Hospital statement that they just wanted to keep everyone away is sufficient).

You have to understand that on the Federal Level being a Homosexual is NOT a protected class and as such you have to show direct harm NOT a prima facia case that discrimination took place. This is one of the differences between being a member of a "protected class" and NOT being a member of such a class, if you are a member of a "protected class" all you have to show is that discrimination took place and that on its face it appears to be do to you being a member of a "protected class". At that point the burden shifts to the adverse party to show such discrimination was for other legitimate reasons.

Here, homosexuality is NOT a "protected class" under either Federal Law or the Laws of the State of Florida. Thus the Civil Rights laws and its shift in who had the burden of proof once a prima facia case is shown do NOT come into play. Here she had to show that she was harmed do to the act of the Hospital. Notice the Hospital does NOT have to prove anything, all it has to say is no harm to the plaintiff took place. The hospital can stand on its right to exclude everybody and anybody from the Hospital and unless she can clearly show some financial harm (not speculative harm, actual real financial harm) she losses. I would NEVER have filed the case, it was a waste of money. The only chance she stood was to show HARM to herself do to the INTENTIONAL ACT of the Hospital. No harm, no liability and the burden is on her NOT the Hospital to show the harm. She has the burden of Proof and according to the Judge, on a summary judgment motion, it was unlikely she would carry that burden. Pick your fights, pick one you can win (Through maybe the purpose of this action was to get the acts of the Hospital in the News, if that was the case it was worth filing the case, but if the intention was to win a judgment against the Hospital it was a hopeless cause from day one).

[dickthegrouch]

25. Absent her Partner and Kids, she DIED

Isn't that harm enough?
It is a fact that people last longer when they are surrounded by loved ones.
It is a fact that the staff in the hospital showed her nothing but hate and bigotry.

The hippocratic oath says "I shall do NO wrong". Sue the doctor for failing to provide ALL the healing and care she or he could have. The best evidence of harm is the failure of the care.

Have the kids sue the doctor for failure to allow them last visitations. even if it fails, the hospital loses while it pays to defend itself and its staff.

[happyslug]

27. The issue is NOT the person who died, but her partner

The issue is NOT that the person died alone, that happens to many people. The legal issue is what harm did the PARTNER suffered? Let remember who the Plaintiff was in this case, it was NOT the person who died, but her partner. Her Partner was NOT suing in the name of the deceased for harm to the deceased but for harm she herself suffered. What harm did she suffered that can be reduced to money damages? That is the legal test and the answer appears to be none, and thus the case was dismissed.

[EFerrari]

22. We need to find out who owns that hospital and give them as much bad press as possible.

Edit: Jackson Health Systems -- it's a public hospital so it really is the State of Florida?

[Freddie Stubbs]

26. No, Miami-Dade County

[treestar]

29. Why would a dying person be denied to see anybody?

Friend, relative or anyone on earth?

What kind of a hospital is that, for any person of any kind to be in?