FL: Fed court dismisses lawsuit of woman kept apart from dying partner by hospital

[ccharles000]

http://www.pamshouseblend.com/diary/13259/fl-fed-court-dismisses-lawsuit-of-woman-kept-apart-from-dying-partner-by-hospital



"Miami is an anti-gay city in an anti-gay state."
-- Jackson Memorial Hospital official to Janice Langbehn, who was not allowed to see her dying partner. And the court agreed.

In the home state of Charlie Crist, where the law does little for the Sunshine State's LGBT residents, a horrific court rejection that only highlights the extent to which gay and lesbian couples are treated in the most inhumane way --one that heterosexual couples will never experience -- during their most vulnerable moments. The case is Langbehn v. Jackson Memorial Hospital. (Lambda Legal):

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."

While on a family cruise leaving from Miami, Lisa Pond, a healthy 39 year-old, suddenly collapsed. She was rushed to Miami's Jackson Memorial Hospital with her partner Janice and three children following close behind. There, the hospital refused to accept information from Janice about her partner's medical history. Janice was informed that she was in an antigay city and state, and she could expect to receive no information or acknowledgment as Lisa's partner or family.

[midnight]

1. Sounds like she is a victim of HIPPA. I believe helps inforce those

anti gay ideas.

[ProgressiveProfessor]

5. HIPPA by itself is not anti-gay

HIPPA sets strict requirements before allowing disclosure. If it was a marriage equality state, HIPPA would not be an obstacle.

[TommyO]

6. Langbehn had proof that she had Power of Attorney for medical decisions

The hospital ignored this PoA until it was too late and treated the family like dirt

Adding:

I tried to follow the gurney into the trauma bay but was stopped by the trauma team meeting Lisa and told to go to the waiting area. I did as I was told and a short while later a social worker appeared to inform me that I was – and I quote – “in an anti-gay city and state.” He explained that this meant that I would not be allowed to see Lisa or make decisions about her care without a Health Care Proxy.
...
Sitting alone with our luggage, our children and my thoughts, I watched numbly as other families were invited back into the trauma center to visit with their loved ones.

More at http://thelpkids.com/

[redqueen]

7. Truly heartbreaking to read.

I can't even imagine ow people can be so inhumanly cruel in a fucking hospital. Health care providers are taught to consider things like basic human emotional needs. Fucking hell.
:cry:

[TommyO]

9. It truly is, and it's yet another example of why we need full marriage equality

in all 50 states and at the federal level.

[Laf.La.Dem.]

2. SAD - NO JUSTICE

Injustice by Hospital and injustice from court:cry:

[redqueen]

3. That is just sickening.

:(

[rfranklin]

4. This type of discrimination is inexcusable and inhuman...

Aided and abetted by the closeted gays in the Republican party.

[FiveGoodMen]

8. This is not America anymore

[Crunchy Frog]

10. Would it be a good idea to avoid the state of Florida like it was a plague pit?

It seems to be the U.S. capitol for batshit crazy.

[kelly1mm]

11. Did anyone read the basis for the dismissal? It was not because

she was a lesbian or the fact that she had a POA. The Court ruled that the hospital does not have a legal duty to let anyone see a patient in the trauma unit. The court's holding has noting to do with the sexual orientation of the parties. What the social worker said to her was inexcusable but does not change the underlying lack of legal duty to allow visitors, family, POA holders etc., at least according to this Judge.

[TommyO]

12. Yet spouses and family members for other trauma center patients were led back

This is nothing more than rank discrimination and has no place in this country. Screw the hospital, screw the anti-social worker, screw Florida and screw anybody who defends this decision.