Source:  WPLG-TV, South Florida Sun Sentinel, NBC6 Miami, Lambda Legal press release
MIAMI --
The family vacation cruise that Janice Langbehn, of Olympia, Washington, her partner Lisa Marie Pond, and three of their four children set out to take in February 2007 was designed to be a celebration of the lesbian couple's 18 years together.

But when Pond, a healthy 39-year-old, suffered a massive stroke before the ship left port and was rushed to Jackson Memorial Hospital (JMH), the trip became a nightmare.

Hospital administrators refused to let Langbehn into the Pond's hospital room, and refused to accept information from Langbehn about her partner's medical history. A social worker told them they were in an "anti-gay city and state."

Langbehn filed suit Wednesday against the hospital seeking at least $75,000 in damages.

"I'm finding the strength to speak out so this doesn't have to happen to any other family because what happened to us was very wrong," Langbehn told reporters.

Once Langbehn and her family arrived at the hospital, they weren't allowed past the waiting room because a social worker told them they weren't recognized as being family.

"He provided a warning: 'You're in an anti-gay city and in an anti-gay state and you can expect to get no information about your partner and no access to your partner unless you get before a judge,'" said Beth Litrell, Langebehn's attorney, South Florida Sun Sentinel reports.

The lawsuit claims that Jackson Memorial Hospital "prevented Janice and the Langbehn-Pond children from being with Lisa Marie for nearly eight hours as Lisa Marie lay dying alone. There was no medical justification for the hospital's refusal to allow Janice and the Langbehn-Pond children access to Lisa Marie."

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 Janice's request to perform last rites, and despite the doctor's acknowledgement that no medical reason existed to prevent visitation, neither Janice nor her children were allowed to see Lisa until nearly eight hours after their arrival, according to a summary of the case by Lambda Legal.

Langbehn is represented by Lambda Legal in the suit. Litrell, a Lamba Legal attorney, said there was no excuse for the behavior.

Langebehn recalled for reporters that her family's nightmare intensified when she was directed by JMH to a social worker. "He looked at me and said, 'I'm Garnett Frederick, I'm a social worker and this is an anti-gay city and state and you won't get to see your partner without a health care proxy,'" Langbehn said. "So I said, give me your fax."

The Washington women had been together for nearly two decades and legally adopted the children. They also had planned for a situation like this. Langbehn said friends faxed a health care directive form and a power of attorney document giving her the right to make medical decisions for Pond.

Despite faxing the legal paperwork, Langbehn was still denied access to Pond, Littrell said.

The case raises questions about the way hospitals deal with same-sex or unmarried partners of patients, which has led to controversy in the past. Hospital industry officials say they are constrained by patient privacy laws that can restrict giving visiting access and medical information to non-relatives, a stance that some patient advocates have branded as discriminatory, the Sun Sentinel reports.

Full article: Lawsuit Claims JMH Wouldn't Let Woman See Dying Partner | CBS4 Miami
Lawsuit Claims JMH Denied Woman Access To Dying Partner | NBC6 Miami
Jackson Memorial faces negligence suit from woman's partner | South Florida Sun Sentinel
Lambda Legal Sues Florida Hospital for Mistreatment of Deceased Lesbian's Family | Lambda Legal press release

Last modified: 26 Jun 08 12:12

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