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Loading ...Court asked to reject bid to dismiss lesbian’s case against Fla. hospital
02.06.2009 11:50am EST
(Miami, Florida) Attorneys for a woman denied access to her dying partner are asking a federal judge to reject a motion by Jackson Memorial Hospital to have a lawsuit against the facility dismissed and to allow the case to proceed to trial.
The suit was 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 last year from Miami, 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.
Langbehn says she was informed that she was in an anti-gay city and state, and she could expect to receive no information or acknowledgment as family.
A doctor finally spoke with Janice telling her that there was no chance of recovery.
Other than one five minute visit, which was orchestrated by a Catholic priest at Langbehn’s request, and despite the doctor’s acknowledgement that no medical reason existed to prevent visitation, neither she nor her children were allowed to see Pond until nearly eight hours after their arrival.
Soon after Pond’’s death, Langbehn tried to get her death certificate in order to get life insurance and Social Security benefits for their children. She was denied both by the State of Florida and the Dade County Medical Examiner.
The lawsuit alleges negligence and intentional infliction of emotional distress.
The Public Health Trust of Miami Dade County, which runs Jackson Memorial Hospital, denies wrongdoing.
The hospital claims that it has no obligation to allow their patients’ visitors nor any obligation whatsoever to their patients’ families, healthcare surrogates, and visitors.
The Public Trust has asked the court to dismiss the case. A hearing was held Friday in federal court in Miami.
“We are here today to ensure that families get the respect they deserve at Jackson Memorial Hospital and to prevent Janice’s tragedy from happening to anyone else,” said Lambda attorney Beth Littrell.
“This family deserves to have its day in court.”
“The Public Trust” and the powers that be at Jackson Memorial Hospital in this situation, are a disgrace to humanity.
“The hospital claims that it has no obligation to allow their patients’ visitors nor any obligation whatsoever to their patients’ families, healthcare surrogates, and visitors.”
What is this garbage??? Who would ever go to such a place??
“”The hospital claims that it has no obligation to allow their patients’ visitors nor any obligation whatsoever to their patients’ families, healthcare surrogates, and visitors.”"
Like hell they don’t. The statement by the hospital is exactly opposite of what they are supposed to do.
What a very cold hearted, evil thing to do to someone not to mention to their kids. I hope they will rot in hell.
This is exactly WHY EVERY state in America NEEDS ENDA…its a GD disgrace..and makes me embarrassed to be American!
What a tragedy. We need a national gay rights bill. I cannot believe how evil
this hospital is. Makes me not even want to visit Florida. And the only reason I would go there would be to get on a cruise ship.
I hope this case goes to the Supreme Court. I feel so sorry for this family.
Tom in Long Beach
We need to boycott Florida until they put an end to outrages like this.
Boycott Washington State too. Florida’s not the only place it happened.
The scarier part, courts have already ruled, religious hospitals, even in states *with* gay rights laws do not have to follow the gay rights laws, ans the Federal right to freedom of religion trumps the State right of gays.
So…. until we have something national, any religious hospital can refuse to recognize even your legal gay marriage. (Go DOMA. sigh).
Just try to find a hospital in your area that is *not* religiously affiliated – my only two options for emergency rooms are in 35 miles are St. Joe’s, and Good Samaritan.
When are people going to realize how evil this is? What would Jesus have done? – Leave a woman to die alone with her kids and partner outside? <–I don’t think so…
Any connection between Jesus and these christian organizations is purely coincidental.
here in Mass i went to hospital for a scheduled procedure and the admitting nurse turned to my husband and said “are you his partner”!…he could have been a friend dropping me off. She advised us of some forms we needed to file with the state and explained what her obligations and limitations were, in an effort to ensure we were treated with dignity.
Unfortunately not everyone lives in a state like mass where a median level income woman who likely lives in a modest country residence (we being in the far west of the state) has such a level of understanding of fairness. Many people I meet are not sophisticated “limousine liberals” but they understand equality. I believe it comes from the top down.
So what to do? Get out there and vote, influence elections, get your courts and halls of leadership stacked in our favor!
We can make a difference and not just through the courts….if you live in a horrid state like Florida or anywhere in the bible belt the burden is on you to make a difference.
You could start by picketing churches. Houses of Hate should not get a free pass.
Also call Obama about his funding of religion…I did today, you can make a difference too.
I agree, JaySaid. The GLBT community should not be spending business or vacation dollars in these hate states that have banned both gay marriage AND any legal equivalent such as civil unions and domestic partnerships.
According to the National Gay and Lesbian Task Force, there are 21 states that have taken these extreme positions. They are:
Alabama
Alaska
Arkansas
Florida
Georgia
Idaho
Kansas
Kentucky
Louisiana
Michigan
Montana
Nebraska
North Dakota
Ohio
Oklahoma
South Carolina
South Dakota
Texas
Utah
Virginia
Wisconsin
This is truely a tragedy and my heart breaks for this family; surviving partner and surviving children. Although I live in Virginia, I have to say our experience with our hospitals have been wonderful. My partner has been a patient in both The University of Virginia Health Sciences Center as well as Marth Jefferson Hospital. I have received medical care from both as well. We have been asked if we were family. When we explained our relationship the response was “Well, you are family” and nothing more was said. We have both been treated with the utmost respect. The nurses and doctors will speak with me freely and they have done her the same way. What a crime that all hospitals do not follow suit.
Values
Service Excellence and Quality, Commitment, Compassion, Teamwork and Communication, Respect, Confidentiality, Integrity and Stewardship, Inclusion
Here’s the “values” Jackson Memorial Hospital claims to have (as taken from their website). I think I’ll give them a call to ask if they’ll be dropping “Compassion”, “Respect”, and “Inclusion” from their list. After all, that’s why they have a Public Relations/Media phone line. (305) 585-7213.
I will certainly ask them how they can espouse these “values” and still claim “no obligation to allow their patients’ visitors nor any obligation whatsoever to their patients’ families, healthcare surrogates, and visitors.”
Just one more reason NOT to visit Florida. So sad that just because you are gay you are not treated as a human being. WHATEVER!!!
As a taxpayer supported public hospital, Jackson Memorial should be put to shame!
Interesting that people are bashing this “so called” Christian Hospital when it was a Priest that actually orchestrated the only visit that was allowed. It seems to me that the attending physician (that spoke with the surviving spouse) and the Catholic Priest were some of the few decent people in the hospital.