The family vacation cruise that Janice Langbehn, 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 suffered a massive stroke onboard before the ship left port and was rushed to Jackson Memorial Hospital, administrators refused to let Langbehn into the Pond's hospital room. A social worker told them they were in an "anti-gay city and state."

Langbehn filed a federal lawsuit Wednesday charging the Miami hospital with negligence and "anti-gay animus" in refusing to recognize her and the children as Pond's family, even after a power of attorney was faxed to the hospital within an hour of their arrival.

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 nonrelatives, a stance that some patient advocates have branded as discriminatory.

*complete story*
http://www.sun-sentinel.com/news/local/palmbeach/sfl-flrxgaysuit0626sbjun26,0,5531847.story

definitely some things need to change in this country... I get so frustrated over the lack of compassion and tolerance in this country

The Declaration of Geneva (1948)


Surely this has to come before the sexual orientation of a person?

why would a social worker have the power to restrict or prohibit visitation of the family?

Is it up to his/her 'personal' interpretation of family that dictates who can see an ill patient???

This is unfair.

Gosh, anyone who knows the patient should be able to VISIT, unless they cause the patient upset. Now, if there was nothing in the way of permission with regard to Hippa and the visitor was trying to get info on her partner, that I could see being an issue.
That Hippa stuff could be the death of all of us.

They say "life is a sexually transmitted disease"

Those HIPPA laws are causing a lot of people grief. One hospital even tried to do that to me when I went to see my father! And, I had Power of Attorney also. But my informing them of the requirements of HIPPA and my POA soon put things in proper place.

I do think the hospital is walking a fine line, especially with the power of attorney. If it is like the ones here in PA, even the ones that are very general, she had every right to see her partner. My POA for my dad gave me the right to make medical decisions, handle his personal property, I could have even sold his house without his signature or approval. That clause basically takes care of people who become very incompacitated.

I myself do not approve of gay/lesbian relationships, but when you get down to the law, the law rules.......

And if one wants to say that most medical personnel are not properly aware of the HIPPA laws, then they need to become educated on the issue.

Lindyy

I respect your opinion and agree MsLindyy, the law should be followed by all.

When I did personal injury law, hospitals drove me crazy. All my firm's Request for Medical Records were all Hippa compliant, signed by our client, but some hospitals required the request to be on their OWN medical reords request form which is totally absurd since they said the same exact thing my firm's Med Rec Request said! The only difference was the formatting of the request!

So, you see, the hassles everyone has to go through.

Again, the law rules regardless ............................

I have but two things to say!
Innocent until proven guilty! There is a lot of hearsay in this story!

secondly it is not the hospitals responsibility to do the proper legal work for the patient! They have a legal responsibility to all their patients!

I take a quote from the article,

Federal health privacy laws say hospitals should not disclose details about a patient except to the nearest family member or someone with power of attorney.
Power of Attorney! As I have said a hundred times, a power of attorney will enable anyone the legal right to matters concerning anyone. If these people would have taken the time to get their affairs in order there would be no problem!

This is not a case of cultural insensitivity or prejudice to gays. It is a case of a hospitall following the law and a couple who were not prepared for life and death!

It is a another case of the GBLT bringing a baseless lawsuit to the press to use as a propaganda front! This hospital was only following the law!

the use our form line is instructions from their attorney so they know for sure what it says and the medical business does not want to get a form they are not familiar with

and the person behind the desk is not trained to check out the wording of the form thus they say you must use our form (understandable imo) but yes it is a pain

this is a good case for removing any law forbidding anyone from the right to join together in the eye of the law

I was just reading a story yesterday about three women, two who were partners, who tortured their little boy. They burned his hands and genitals among other terrible things. Why? Because the little boy had told officals about the drug use in the families home!

I wonder why the GBLT did not make a national media issue out of that incident!

lol Fanta breathe in and out lol

The partner did have Power of Attorney.

But Fanta, there was a POA and it was faxed to the hospital.

And, the hospital personnel stated that they were in an anti-gay city, whatever.

I do believe the 'partner' had every legal right to see the other 'partner.' And, I do feel the partner has a case, but not a very strong one.


Lindyy

please provide me with link Fanta - would love to see that article.
thanks.

this is why the gay community needs " marriages" or " unions" or whatever you want to call them they really have no rights. Gay couples can't even legally ride in an ambulence together even in this case of 18 yrs the partner is a legal stranger, and then they cannot give permission for medical treatment a " familY" member has to, and even if you've went the legal way to sign papers to give the person permission they can say no and have their lawyers look over it to stop treatment from occuring. Also there's the problem with if they die who their possessions are to go not only that but if their partner receives them they are taxed by the government where as if you were a married man and woman you would not be taxed. There's also the issue of couples adopting children legally right now a child can only have 1 father and 1 mother, so if that parent dies the child can be placed in foster care, with a strange family member etc.. there's so many problems that gay and lesbian couples face that some legal terms need to be given to them.

Ok I see that!

The hospital was wrong!!

but Fanta please provide me w/link regarding other article you mentioned. please

http://news.yahoo.com/s/ap/20080626/ap_on_re_us/boy_torture


A Superior Court commissioner received the pleas in an abuse case against the boy's mother, 24-year-old Starkeisha Brown; her live-in girlfriend Krystal Matthews, 21, and LaTanya Jones, 26, identified by authorities as a baby sitter.

The boy was hospitalized June 9 after being found ill and in the care of a homeless stranger outside a Los Angeles County child services office in Compton.

Prosecutors claim the women beat Brown's son, starved him, burned his genitals with cigarettes and forced him to place his hands on a hot stove.

The three women are charged with child abuse, dissuading a witness, corporal injury to a child and conspiracy. Brown and Matthews are also charged with torture and face 25 years to life in prison if convicted.