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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.”
Patients and employers need to boycott: social worker Garnett Frederick and attending physicians Alois Zauner and Carlos Alberto Cruz.
David C Roy,
A nice, if poorly written, letter making some good points. Of course the best person to provide doctors with medical information is the patient’s partner, and regardless of any other issues with sexuality those doctors should take that information to enable them to treat the patient effectively.
Just one little point with your letter. In it you say you have “Multiple Scoliosis”. There is no such disease. There is Scoliosis and Multiple Sclerosis, but “Multiple Scoliosis” does not exist. Rather, it is a term used by people confusing the two illnesses. Should you be sending this letter to anyone, I’d correct that first, if nothing else.
An open letter to the teachers of doctors and doctors to be at the University of Miami;
I read a disturbing article tonight and was wondering what ever happened to the part of the Hippocratic Oath that requires doctors and nurses as well, to do no harm. I know that due to pending leangle action against The Public Health Trust of Miami Dade County, and Memorial Hospital that no one in their right mind will go on the record and comment about what I am about to say, but that’s ok; at least I had the courage to say something.
As I read the article a pair of women and their three children had no choice but to place themselves in the hands of bigoted individuals. While traveling to take one of the curse ships that sail out of Miami one of the women became ill and eventually died! The other woman was toll that “she was in an anti-gay city and state, and she could expect to receive no information or acknowledgment as family.” Further, when the surviving women attempted to provide medical history the information was refused. This information could have possible save this individual’s life. What kinds of people live in Florida anyway? Or should I ask what kind of doctors does The State of Florida produce?
The instance above has nothing to do with weather or not the two women were in a relationship that The State of Florida approves of or does not approve of. It has to do with valuable time and effort being wasted because one person made the mistake of say that she was another women’s partner rather than saying that she was a traveling companion. Someone’s live was in the balance and no one wanted to take the shortest route to gaining information about someone condition because she happened to fall ill in an “anti-gay city and state” What in GOD’s name does saving one of GOD’s creatures have to do with what that person may or may not be doing in the bedroom. It is my understanding that it is GOD’s right and only GOD’s right to judge.
To the teacher of doctor’s please remember that although you may train doctors in The State of Florida some of them will end up setting up their practice in other States where thank GOD medical care and the Hippocratic Oath are held to a higher standard.
You may be wondering why I am writing you. Well it goes like this. I currently live in the state of Massachusetts. I am gay and do have a parent. We are not married yet and I have visited The State of Florida on several occasions. I also have Multiple Scoliosis. Tell me, who would be the best person to tell you what medications I was on or what physical condition I was in than the person I live with every day of my life. I know that with this one letter I will not be able to convince anyone nor do I have any dilution of doing so, that what happened to the women and the three children was wrong but just maybe this letter will spark some conversation that will at least instill some compassion.
Thank you for your time.
David C Roy
We are all GOD’s children
I suppose I should be outraged at this, but the truly sad thing is that I’m barely even surprised. This is Florida we’re talking about, after all. This kind of disgusting and inhuman conduct is all too common in States like Florida, where you are judged as gay first and a human being second.
I sincerely hope she receives an obscene payout at the end of this.
It makes me wonder if, knowing the patient was a lesbian, that she GOT the care she should have gotten…if they are THAT disrespectful and uncaring about the patient’s unconventional family, how do we know they weren’t that uncaring about the patient? What if they LET her die? Someone WITH the legal authority needs to investigate this case from that angle because it’s obvious the hospital isn’t required to give thw patient’s records and potential evidence in a negligence case to her same sex partner….this is a NATIONAL outrage!!!!!
Forget suing the hospital…sue the STATE that gave the hospitals the rights to do this!!!
JC, that is why I put “so called” in my post. Many seem to be pointing to this being a religious issue. When in fact, it was a public hospital that caused the issue and it was a Catholic Priest that arranged the loved ones spending time together.
This is just a terrible, heartbreaking case! You would think the staff at any hospital would be the most compassion people in the world b/c they often encounter persons (and their families) at the most vulnerable moments in their lives; however, apparently medical workers can be rather cruel. What a shame for this poor family to go through this ordeal and I hope this kind of anti-gay family policies at hospitals will come to an end someday soon.
Also, for those of you who are unfamiliar, Lambda Legal does a WONDERFUL job of fighting for LGBT rights in the judicial system! If you have the time, please check out their website, it’s a great source for current glbt-related court cases. http://www.lambdalegal.org/
Far as I know, Jackson is the Level 1 trauma center for Miami. We’re not talking about some backwoods operation–it’s a 1500-plus bed facility, affiliated with the University of Miami. It has international stature. I might expect this conduct at some 100-bed place out in Yeehaw County, but given Miami’s diversity, it’s more bizarre than anything else. What members of staff made these comments? Surely that’s been in local media by now.
Also, even in equally-backwards Ohio, and even in a public hospital, there’s little doubt I would be fired for speaking to someone like this in my workplace. I have no question that the same would apply at MetroHealth, Cleveland’s Level 1 trauma center (half the size of Jackson Memorial). This whole episode has less to do with laws and politics, and far more to do with a frightening lack of respect for both patients and the people in their lives. Technical skill aside, I’d have a real problem having even an office visit in a place where employees are so free and willing to voice their hostility. Also be interested to know if any JCAHO standards cover this area.
Trace – Jackson Memorial is NOT a Christian hospital. It is Miami-Dade County’s ONLY public, taxpayer supported general hospital. It is also affiliated with the University of Miami, which I think will cause the hospital even more troubles.
I’m sick to death of hearing about boycotting this state and that state because the members of their state legislatures are losers. Some of the biggest gay communities in the US live in Georgia and in Florida. There are plenty of lesbians and gay men living in the South. If you want change in these places, write letters, send money to groups that support the change, do SOMETHING, but stop sitting around feeling like you’re superior because you live in a different state where you have a few more Democrats and liberals than you do Republicans. How ridiculous is that?