Janice Langbehn Sues Hospital Over Visitation Rights

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Miami Herald   |  LAURA FIGUEROA   |   February 7, 2009 07:30 PM

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As her partner of 17 years slipped into a coma, Janice Langbehn pleaded with doctors and anyone who would listen to let her into the woman's hospital room.

Eight anguishing hours passed before Langbehn would be allowed into Jackson Memorial Hospital's Ryder Trauma Center. By then, she could only say her final farewell as a priest performed the last rites on 39-year-old Lisa Marie Pond.

Read the whole story here.

As her partner of 17 years slipped into a coma, Janice Langbehn pleaded with doctors and anyone who would listen to let her into the woman's hospital room. Eight anguishing hours passed before Langb...
As her partner of 17 years slipped into a coma, Janice Langbehn pleaded with doctors and anyone who would listen to let her into the woman's hospital room. Eight anguishing hours passed before Langb...
 
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- S1m0n I'm a Fan of S1m0n 93 fans permalink
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The meanness of spirit on display in this hospital is astounding; folks that cold-blooded have no business being in a helping profession like medicine at all.

    Favorite    Flag as abusive Posted 11:35 PM on 02/08/2009
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Who made the 'law' in the first place that a homosexual couple can't visit each other in the hospital. I would tell them to go to he|| or lie about my relationship, because it's none of their da mn business. They are there to do their job and that is taking care of the person in the hospital bed - not whether or not I am sleeping with that person. This makes no sense to me. When did we allow the hospital to get into our business and make choices for us?

    Favorite    Flag as abusive Posted 09:43 PM on 02/08/2009
- Eric8869 I'm a Fan of Eric8869 25 fans permalink

Exactly why gay people need gay marriage or have the EXACT same benefits as marriage under civil unions. this is the discrimination that straight people (especially religious ones) don't seem to understand.

    Favorite    Flag as abusive Posted 07:42 PM on 02/08/2009
- SammyD I'm a Fan of SammyD 11 fans permalink

same sex domestic partners are denied as well so perhaps we should have rights for everyone

    Favorite    Flag as abusive Posted 10:26 PM on 02/08/2009
- redkim I'm a Fan of redkim 34 fans permalink
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As would be, in this case, heterosexual domestic partners. And actually, it's not about "rights" per se. This was hospital policy. It is unfortunate that they chose to enforce it here, but, still it has nothing to do with rights. A hospital can and should have this policy and still have the right to enforce it.

The issue here SHOULDN'T be that she was denied because she was a same-sex domestic partner. No, the issue here SHOULD be that she was denied despite the fact that she had power of attorney. That alone should supercede the hospital policy.

IF they denied her because she is a same-sex partner, then the onus is on her and her attorney to provide the evidence, which is probably going to be hard to do; they would have to prove that the hospital has acted or would have acted in a much more expedited fashion had they not been a same-sex couple.

    Favorite    Flag as abusive Posted 09:29 AM on 02/09/2009

How tragic. Obviously, since I am in a heterosexual marriage, the likelihood that this would occur in current day America is probably pretty slim. That said, I just can't imagine being denied access to my wife in her last hours, nor she in mine.

The whole notion that civil rights are a matter to be decided with a ballot is on its face wrong. I have little doubt that the South would have continued to vote for segregation in perpetuity. Same sex marriage is just another case of civil rights. Why are someone's rights subject to a popularity contest.

I keep hearing these people call it a "protection of marriage" issue. Am I supposed to love my wife more if the gay couple next door is discriminated against? Does the marriage of the idiot in my office, who proposed to a woman on their first meeting after a month of telephone conversations, and now they are looking at divorce after three months of marriage, some how more dear than the relationship of these two women who were committed to each other for 17 years. God the world is sick.

    Favorite    Flag as abusive Posted 05:32 PM on 02/08/2009
- LibKitty I'm a Fan of LibKitty 19 fans permalink
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I agree completely. I've never understood how a gay or lesbian couple getting married would affect my marriage.

    Favorite    Flag as abusive Posted 05:51 PM on 02/08/2009
- blaharumph I'm a Fan of blaharumph 14 fans permalink
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thank you.

    Favorite    Flag as abusive Posted 07:42 PM on 02/08/2009
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Thanks! You really get it.

    Favorite    Flag as abusive Posted 09:26 AM on 02/10/2009
- comacoma I'm a Fan of comacoma 15 fans permalink

And people who claim to be good Christians just aren't....

religion is a curse.

    Favorite    Flag as abusive Posted 02:26 PM on 02/08/2009
- anthonylee I'm a Fan of anthonylee 4 fans permalink
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I think it's intellectually short sighted of you to make the statement "religion is a curse". It's not that simple or balanced . . . . .

There's religion, spirituality, hope/belief & love to name a few . . . all are potential paths or expressions of God, some less complete than others, but nonetheless motivated to perfect, in their respective (uncorrupted) forms.

    Favorite    Flag as abusive Posted 03:34 PM on 02/08/2009
- antaeus I'm a Fan of antaeus 85 fans permalink
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All of it is like trying to shovel smoke.

Real people are hurt in real and tangible ways by others who have rich fantasy lives and have gotten hold of the reins.

    Favorite    Flag as abusive Posted 03:54 PM on 02/08/2009
- BethA I'm a Fan of BethA 65 fans permalink
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I hope she wins the lawsuit against the hospital and that all hospitals go on notice.
This isn't a gay rights issue, this is a HUMAN RIGHTS issue.

No one should be allowed to die without those they love with them. That judgment of who they love is not up to society or the hospital or a court of law, it is up to each one of us who we love and those we choose to share our lives with have every right to be there in any hospital in this nation to help a dying person share their end with too. Anything less needs to be outlawed.

    Favorite    Flag as abusive Posted 02:09 PM on 02/08/2009

This antiquated rule needs to me amended. Why does it have to be a spouse or relative to be allowed at your bedside in the 21st Century?

Not everyone wants to be married. What about those people that have no immediate family for support and have a good friend, neighbor or god forebid a partner (legal or otherwise) to comfort them in a time of need.

This really should go before the Supreme Court and be abolished ASAP.

For all those people who have life partners, you should get a power of attorney (if necessary) and a living will. Then hospitals can't stop you from visiting your loved one.

    Favorite    Flag as abusive Posted 02:06 PM on 02/08/2009
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They did have a POA. Even if you have one, if you meet a homophobic hospital worker or a homophobic relative gets called in, there's not much you can do except take it to court, and even then you have to hope you get lucky and don't end up with a homophobic judge.

    Favorite    Flag as abusive Posted 03:14 PM on 02/08/2009
- JohnJames I'm a Fan of JohnJames 104 fans permalink

The hospital's defense is that it "has no obligation to allow visitors". I've had to call an ambulance twice in my lifetime for a relative and in neither case was there any choice involved as to which hospital they were taken to and if I hadn't dialed 911 I'd have been responsible for a serious crime. Where do these hospitals get off discriminating between loved ones of a sick or injured person brought into their care?

    Favorite    Flag as abusive Posted 12:46 PM on 02/08/2009
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The hospital's staff committed egregious acts of inhumanity. They did harm to the patient and her partner. Shame on them.

    Favorite    Flag as abusive Posted 09:29 AM on 02/10/2009
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what a sad commentary on our society.
These so-called Christians who claim they are for the protection of the family have completely RUINED a family due to their moral superiority.
Disgusting.

    Favorite    Flag as abusive Posted 12:34 PM on 02/08/2009
- LillianB I'm a Fan of LillianB 9 fans permalink

Oh, no, how coldhearted can one get? This is heartbreaking.

If anything, this story is (yet another) great example why gay couples should be entitled to full marriage rights. Entitled to love, entitled to be with who they love.
As opposed to another "entitlement": Why should anyone but yourself be "entitled" to judge who is the person closest to you?

There is no shame in loving relationships like these two woman shared.
Shame is in not recognizing that love for love.

    Favorite    Flag as abusive Posted 12:09 PM on 02/08/2009

What the hell business is it of a hospital to tell a loved one they can't be with someone who is dying?

This is preposterous.

They'd prefer a person to die alone?

F'em!

    Favorite    Flag as abusive Posted 11:06 AM on 02/08/2009

ALL PATIENTS UPON ADMISSION ARE ASKED IF THEY WOULD LIKE TO NAME A HEALTH CARE PROXY AND SIGN A FORM FOR IT. ANYBODY YOU NAME CAN BE YOUR HEALTHCARE PROXY. ANYONE.

    Favorite    Flag as abusive Posted 10:47 AM on 02/08/2009
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And if you're unconscious? That little rule only works if you walk in on your own steam and can sign something. This woman had a heart attack and was unconscious. Kinda hard to sign stupid paperwork when you're in a coma.

    Favorite    Flag as abusive Posted 10:55 AM on 02/08/2009
- omo I'm a Fan of omo 3 fans permalink

If they had been together for seventeen years, why didn't they have power of attorney papers drawn up ? It IS possible to keep a copy of something like that somewhere handy, you know !

    Favorite    Flag as abusive Posted 10:57 AM on 02/08/2009
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Did you even read the article? Theyt were on vacation! This was an emergency, brought on by a heart attack. Do you carry all of your legal documents with you on vacation? I certainly don't.

    Favorite    Flag as abusive Posted 10:58 AM on 02/08/2009
- omo I'm a Fan of omo 3 fans permalink

sorry, now i have the bigger picture.
all i can say is health care sucks.

    Favorite    Flag as abusive Posted 11:06 AM on 02/08/2009
- Gatormouth I'm a Fan of Gatormouth 22 fans permalink
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Blame the victim. Typical.

    Favorite    Flag as abusive Posted 01:19 PM on 02/08/2009

She had the necessary paperwork.­..

    Favorite    Flag as abusive Posted 10:58 AM on 02/08/2009

Oh, quit yelling.

They had papers.

This is idiotic, making someone die alone. Her loved one was kept away for over eight hours. They have children. They were a family.

I hate Florida and won't shed a tear when it is overtaken by the sea.

    Favorite    Flag as abusive Posted 11:13 AM on 02/08/2009
- LillianB I'm a Fan of LillianB 9 fans permalink

It was an emergency, and she was uncouncious. Stop yelling IN CAPITAL LETTERS and read what you post on before posting, please.

    Favorite    Flag as abusive Posted 12:10 PM on 02/08/2009
- Amennyc I'm a Fan of Amennyc 16 fans permalink
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Why would a 3rd rate citizen who pays taxes think they had equal rights?

    Favorite    Flag as abusive Posted 10:43 AM on 02/08/2009
- Gatormouth I'm a Fan of Gatormouth 22 fans permalink
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This hospital's policies are unconscionable. They should not be the arbiters of which personal and emotional bonds are legitimate enough to warrant visitation rights. These should determine what is significant. What is proper is to do what is best for the patient and those who are close emotionally to him or her. Not what is politically acceptable to the state or for some religious group. In the past this was socially observed in the concept of "kith and kin". If someone is very close to you, even if not related, they can be placed in the category of kith. A common law husband/wife would be kith, not kin, until recognized by a legal union by the state, so I suppose the hospital would deny a common law wife of many years access to her dying husband? We are talking hospital policy here, not state law. Let's have a little compassion here. This is also why California's prop 8 was morally wrong.

P.S. This from a straight, white, 72 year old grandfather.

    Favorite    Flag as abusive Posted 10:36 AM on 02/08/2009
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I could not have said it better.

    Favorite    Flag as abusive Posted 01:45 PM on 02/08/2009
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This comment is pending approval and won't be displayed until it is approved.

I could not have said it better.

    Favorite    Flag as abusive Posted 01:45 PM on 02/08/2009
- mergina I'm a Fan of mergina 84 fans permalink
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Society is an abomination when it causes this type of unnecessary pain and suffering. She is being too nice. I would have turned the hospital upside down.

    Favorite    Flag as abusive Posted 10:36 AM on 02/08/2009
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