For years gay and lesbian couples have complained about being denies access to loved ones in hospitals. Now, a lawsuit has been filed in Miami in which Janice Langbehn alleges that she was prevented from being with her partner of 18 years, Lisa Marie Pond, 39, as she died at Jackson Memorial Hospital after a brain aneurysm. The reason for the denial was never made clear to her.
Pond suffered a brain aneurysm in February 2007 and fell into a coma. She said that the hospital would not allow her or their three children to see Pond.
She alleges negligence in forcing her and the children to sit for roughly eight hours while Pond allegedly died alone. She says that she supplied a health care directive form and a power of attorney document to JMH, but was still denied access. She is suing the hospital, two doctors and a social worker.
The denial of such access can clearly constitute negligence and negligent infliction of emotional distress. However, gay and lesbian couples often have trouble on infliction claims, which (in the case of third party injuries) are often limited to “close family members” or non-family members who suffer physical injuries. In this case, she can claim that she was not a third party but the direct victim of a negligent infliction.
On negligence, it would seem a straight-forward claim. If the hospital failed to recognize valid papers or refused to explain their decision, it could make for liability. It may also send a message to hospitals that patients and their families have enforceable rights in such circumstances.
Florida recently passed a new law defining marriage as restricted to a man and woman.
Anyone who has ever held a dying loved one in their arms—as I have—knows how important those last moments of life are to both the dying and the living persons. Whatever society decides regarding ‘gay marriage’ or civil unions, this prohibition to be with a dying ‘partner’ was (is) senseless, cruel, inhumane, and it must be outlawed.
From a conservative who still prefers the allowance of full civil unions but not same sex ‘marriage’.
Janice,
Thank you for writing here and sharing more of the details of this horrible thing that was done to you and your family. Mespo’s right about that being one of the beauties of this blog. You’ll find a lot of support here, as you see. Thank you to Prof. Turley for putting this issue in front of a wider audience.
Janice, in the blog you posted it says:
Janice Langbehn who, as it happens, is an emergency room social worker from Lacey, Wash., says the first hospital employee she spoke with was an emergency room social worker. She thought, given their professional connection, they might speak a common language.
Instead, she says, he told her, “I need you to know you are in an anti-gay city and state and you won’t get to know about Lisa’s condition or see her” — then turned and walked away.
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This reality is in stark contrast to the claims posted on the Jackson Health System website:
SOCIAL WORK & DISCHARGE PLANNING
Our mission is to be the premier hospital-based social work program in the country. We strive to provide and to teach patient-centered care that is holistic, compassionate and culturally sensitive. We seek to maximize the rights of our patients through our roles with advance directives and discharge planning.
~~~~~
Nice words, eh? Maybe you can get ’em for false advertising, too.
It must be incredibly difficult for you as a grieving spouse and as a new single mom, so suddenly and so unexpectedly, all that along with the other condition that can’t be making things any easier for you. I hope you teach the healthcare system in southern Florida a lesson they will never forget.
what a disgrace. And oh so christian. If Jesus was here and saw the things being done in his name, he’d never stop throwing up.
Dear Janice,
Thank you for writing about Lisa, your children and yourself. I am so very sorry for the suffering inflicted on all of you. I hope you win this suit as I believe it will help prevent such cruelty in the future. It was great to hear about such a wonderful family. My thoughts are with you.
Jill
Janice:
Forgive the transposition of names. I didn’t mean to add to your pain.
Lisa Pond:
That was quite a response to keri’s callousness. Funny how some people are so tolerant of others pain and deprivation of rights because it’s some institution’s “policy.”
The beauty of this blog is that we hear from the original sources and not some spin doctor trying to prove a point.
Keri’s response:Hospital(s) policy:
Patients are allowed visitors once the patient has been medically stabilized and Pond wasn’t stabilized – end of story.
Many of us have been refused visitation when a family member is not in a stabilized condition!
But I am sure a few million dollars will make all feel better in this particularly capitalizable situation
~~~~~~~~~~~~~~~~~
Sorry you didn’t read the full story after a few hours all heroic measures were ceased b/c there was no chance of recovery, I kept her alive for organ donation matches which took a few days. Please read our blog http://www.theLPkids.com – she was in a coma in a curtain area when I did last rites with the priest. no measures but the wonderful individuals (separate from JMH) working to find matches for her organs – oh and btw she save 4 people. it’s what I say to our jtly adopted children why they didn’t get to say goodbye to “other mommy”.
peace
If she had the health care power of attorney form, it doesn’t matter what your relationship is. The agent named in the document has the authority(unless partner included restrictions to that power in the document) to make any and all health care decisions on behalf of the stricken partner. Those on here that are familiar with Florida law may be able to tell us if the statute provides for criminal penalties for refusing a valid document.
keri:
I suggest jumping less and reading more. The second article clearly says “She [Langbehn]and the children were told virtually nothing about Pond and not allowed to see her — even though Pond’s sister arrived from Jacksonville and was sent straight to Pond’s room.” Maybe poor Ms. Pond reached a “sister state” of stabilization. Most people know discrimination when they have it visited upon them. End of story.
Hospital(s) policy:
Patients are allowed visitors once the patient has been medically stabilized and Pond wasn’t stabilized – end of story.
Many of us have been refused visitation when a family member is not in a stabilized condition!
But I am sure a few million dollars will make all feel better in this particularly capitalizable situation…..
If she had power of attorney, she shoud have been allowed in.
The hospital should give their reasons for such a choice
mespo, it would certainly constitute reckless indifference, which would be sufficient to find intent. Actual malice is a bit more difficult. The impact rule has been modified in a number of cases. For example, Florida recognizes the Dillon v. Legg exception, but it would have no application to this case. The court has also found the rule inapplicable in cases involving violation of one’s right to privacy. I expect that the complaint pleads a number of alternative theories. It might well wind up in the Florida Supreme Court unless the hospital throws a ton of money at the plaintiff.
MIke Appleton:
It seems to me a recovery theory could be constructed in this case based on negligent infliction of emotional distress. As you know the pioneering case in California, Dillon v. Legg, permitted recovery for a close family member witnessing a gruesome death of a loved one. Here the State may restrict the definition of marriage, but what exactly constitutes a “close family member,” has not been litigated in Florida to my knowledge. ( I defer to you here of course) It is also my understanding that the impact rule has no application if the hospital acted with malice. Kirksey v. Jernigan, 45 So. 2d 188, 189 (Fla. 1950). Would discrimination or reckless indifference to the power of attorney/advance directive based upon sexual orientation constitute malice in Florida?
Welcome to the future. This is not as bad as it is going to get.
The problem with a negligent infliction of emotional distress theory is that, with limited exceptions, it is not available in Florida in the absence of some physical impact or physical injury to the plaintiff. However, there is available the tort of intentional infliction of emotional distress. It should not be difficult in this instance to prove that the actions of the hospital were intentional and that the results were easily predictable. I hope the hospital is really hammered on this one.
Anyone who thinks that the need to allow gay marriage is not a pressing one, or is not valid, can be informed by this situation.
How “Christian” is it to allow someone to die without the presence of their partner and children? If as taught, Jesus was compassion incarnate, where’s the love here?
For a moment I’m going to take the side of those saying this is all about some bitch trying to get money from the hospital. Be glad this bitch is making the hospital pay for not enforcing a legal contract, you could be next. Suppose you asked for all life saving measures but get the purple braclet instead? Would you want your wishes carried out or would you rather have the hospital decide?
And now I’ll agree with Charity. How cruel do you have to be to let a person die alone? How cruel are you to refuse comfort both to the dying and to the living? Even if there was no contract, where is your mind and heart that you would force such a horror on other people? I hope there is a large settlement that will make this and every hospital, think twice before they engage in something so incredibly hateful and certainly illegal.
The point is, if this had happened to me, my husband of 3 1/2 years would never have been barred from my hospital room while I lay dying. This woman’s partner of 18 years was not allowed in with their children. It’s an evil double standard.
boboo,
Amazing, I can still smell your irrational hatred. Jesus is going to be really impressed with what you are doing in his name.
Ms. Langbehn,
What was done to you was inhumane and inexcusable. I hope your suit is successful, but I know that is cold comfort. I am sorry for your loss.