Judge Says Hospital Can Deny Lesbian Visitation

[Zenlitened]

Monday, October 12, 2009Last Update: 8:56 AM PT

Judge Says Hospital Can Deny Lesbian Visitation
By AVERY FELLOW (Courthouse News)

(snip)

U.S. District Judge Adalberto Jordan ruled that the hospital staff was not legally bound to give Langbehn updates on Pond's condition or to let her visit Pond in intensive care.

In the judge's view, Langbehn had not been "denied the right to make any medical decision on behalf of Ms. Pond." Hospital staff consulted Langbehn about possible surgical options for Pond, the judge noted, and Langbehn herself admitted that she did not know what she would have done differently had she been given more details on her partner's condition.

The judge declined to impose a duty on hospital staff to provide updates to "third parties who would simply like to be kept informed." Jordan noted that trauma unit doctors can block visitor access to a patient in critical or terminal condition. These decisions are left to medical personnel, the judge said.

Though he acknowledged that the hospital staff had displayed a "lack of sensitivity" that caused Langbehn "needless distress," the judge ultimately dismissed the complaint.

"Unfortunately, no relief is available under Florida law for these failures," Jordan wrote.

(snip)

Langbehn and Pond had four adopted children together and had been committed life partners since 1987.

Link:
http://www.courthousenews.com/2009/10/12/Judge_Says_Hospital_Can_Deny_Lesbian_Visitation.htm

Also see the ongoing DU discussion in GD:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x6810321

[GreenPartyVoter]

1. This is one of the things I hate most about marriage inequality. I can't

even imagine anyone telling me I had no right to see my husband in a situation like that. :grr:

[Zenlitened]

2. P.S. I've been pretty self-absorbed the past few weeks...

... trying to avoid falling into the economic abyss, and totally missed this. Most folks probably saw the Lamda Legal release back on Sept. 29th:

...(Miami, FL, September 29, 2009) — The United States District Court for the Southern District of Florida today rejected Lambda Legal's lawsuit filed against Jackson Memorial Hospital on behalf of Janice Langbehn, the Estate of Lisa Pond and their three adopted children who were kept apart by hospital staff for eight hours as Lisa slipped into a coma and died.

"The court's decision paints a tragically stark picture of how vulnerable same-sex couples and their families really are during times of crisis," said Beth Littrell, Staff Attorney in Lambda Legal's Southern Regional Office based in Atlanta. "We hope that because of Janice's courage to seek justice for her family in this case that more people better understand the costs of antigay discrimination. This should never happen to anyone."

Link:
http://www.lambdalegal.org/news/pr/xfl_20090929_fed-court-dismisses-lambda-legal-suit-jackson-memorial-hospital-langbehn-family.html


Maybe it's just as well that I didn't know, because this whole story is just absolutely sickening, chilling, numbing, heartbreaking.

In any event, apologies.

[cecilfirefox]

9. These opinions are allmost the worst, when the Judges seem like their looking for a way to side with

us but just can't seem to find it. :/

If the law don't say it, change it!!

[QC]

3. Sounds like she didn't get her pony!

:sarcasm:

This kind of thing is why it is so infuriating to see our concerns dismissed as ponies.

[Zenlitened]

4. Anyone who's ever accused the GLBT community of 'poutrage'...

... shares a little bit of the blame for this tragedy.

[QC]

11. I agree. n/t

[tbyg52]

12. Amen. nt

[donco6]

17. What? It just takes TIME. *You People* have to be Patient.

And all that shit . . .

I remember reading this story when it first came out and was infuriated. And now to see that the woman was ruled against is just astonishing. What kind of inhuman joint is this?

[RC]

5. A 'Limited Power of Attorney' would take care of that problem.

Each partner having one for the other.

[Ms. Toad]

6. They had those. The hospital refused to recognize them.

>>Other than one five minute visit that was arranged by a Catholic priest at Janice's request to perform last rites, and despite the doctor's acknowledgement that no medical reason existed to prevent visitation, neither Janice — who provided the hospital with a medical Power of Attorney document — nor their children were allowed to see Lisa until nearly eight hours after their arrival.<<

Edited to add:

There is no substitute for legal recognition of our marriages to guarantee that our marriages will be recognized - and I wish people would stop pretending anything less would be satisfactory.

In this instance, the couple did everything right - except become critically ill in a state that refuses to recognize their marriage - or even to recognize the document they had to pay to have drawn up in order to try to put in place some facsimile of the rights any heterosexual couple can create 5 minutes after meeting in states like Nevada that allow instant marriages.

[murielm99]

7. Would it really?

How does it work? Would that work in every state?

I have told my daughter that her father and I would claim that any partner of hers would get into her hospital room on our authority. Her siblings would do the same for her. But that does not go far enough.

[d_r]

8. the hospital ignored it, according the lawsuit

"Hospital staff ignored a power of attorney faxed to the trauma center, denied Langbehn the right to see Pond as her condition deteriorated, and failed to tell her that they moved Pond to intensive care, Langbehn claimed. "

[Zenlitened]

10. Sig line meet irony meter.

:eyes:

[tbyg52]

13. Except that there's no earthly reason they should have to do that. nt

[foreigncorrespondent]

16. Maybe, maybe not!

I have heard many horror stories of POA's not being recognized by hospitals.

The sad thing is, why should loving couples have to go through that just to protect their rights as a couple?

It is just total bullshit.

[donco6]

19. They had it. The hospital ignored it.

But thanks for playing.

[MindandSoul]

14. We really need gay unions and rights to be recognized legally!

[paulsby]

15. this is truly obscene

i can't speak to the legal issues, since it's an area of law i am not versed in, but at least as far as the hospital is concerned, they are complete scum (the people involved at least) for not honoring this dying woman's wishes as evidenced by the power of attorney, etc.

it is a GREAT example of why gay marriage NEEDs to be legal in every state of the union

[donco6]

18. Even more to it - from Lambda Legal:

Summary
Just as Janice Langbehn and Lisa Pond were about to depart from Miami on a family cruise with their three children, Pond suddenly collapsed. From the moment Langbehn and the children arrived at Jackson Memorial Hospital, they encountered prejudice and apathy. Even though Langbehn held Pond’s durable health care power of attorney, the hospital refused to accept information from Langbehn regarding Pond's medical history. The hospital also informed her that she was in an antigay city and state and that she could expect to receive no information or acknowledgment as family. A doctor finally spoke with Langbehn, telling her that there was no chance of recovery. Despite the doctor's acknowledgment that no medical reason existed to prevent visitation, neither Langbehn nor her children were allowed to see Pond until nearly eight hours after their arrival. Soon after Pond's death, Langbehn attempted to obtain her death certificate in order to get life insurance and Social Security benefits for her children. She was denied both by the state of Florida and the Dade County Medical Examiner. Lambda Legal filed a lawsuit against Jackson Memorial Hospital, on behalf of Janice Langbehn and her three children.

On page three of the complaint (http://data.lambdalegal.org/pdf/legal/langbehn/langbehn-complaint-6-08.pdf) it clearly talks about the power of attorney that existed between the women that was ignored.

And besides, why should we have to carry power of attorney documentation every time we're traveling? Is that part of our "special rights?"

[LeftHander]

20. This is really about denying acknowlegment of a loving relationship.

Much of what same sex marriage opponents is really about is not simply marriage but trying to stop any actual legal recognition that same sex partners can have the same lasting, deep, emotional relatonship that heteros can have.

It is a deep ingrained hatred and disgust that people have and they mask it with "Oh I just want to protect marriage."

FUCK THEM!!!