Lesbian Denied Access to Dying Partner Files Suit  | News | Advocate.com

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June 27, 2008
Lesbian Denied Access to Dying Partner Files Suit

A lawsuit was filed in Miami Wednesday against a hospital that refused to allow a lesbian see her partner of 18 years before dying because the hospital did not consider the two women family. 

The suit will be filed by Lambda Legal on behalf of Janice Langbehn.

Langbehn and Lisa Pond had planned to take their three children on a family cruise, but just as they were about to depart on the cruise from Miami, Pond, 39, suddenly collapsed, according to Lambda Legal. She was rushed to Jackson Memorial Hospital in Miami, with Langbehn and the children following close behind.

Other than one five-minute visit, 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 gain access to her death certificate in order to obtain 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 Advocate) 

Reader Comments

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  • Name: Sandy
    Date posted: 2008-07-03 1:43 PM
    Hometown: Edison

    Comment:

    We go on a lot of cruises and as far as I'm concerned FL is nothing but a port out to me. I guess I'll have to remember to bring all of those papers next time. But we do have the same last name so we'll lie if we have to.


  • Name: Ron K
    Date posted: 2008-07-01 9:30 AM
    Hometown: Clifton, NJ

    Comment:

    Notwithstanding these atrocities in Florida, thousands of gay people support Disney's Gay Days every year because gay people continue to perpetuate the stereotype of not supporting our own with their tourist dollars in states with these antediluvian laws.


  • Name: Rev. Dr. E. Daniel Ponce
    Date posted: 2008-06-28 7:29 PM
    Hometown: Los Angeles

    Comment:

    To The Family, with love and sincere pain, you are in my prayers. My heart aches for this family. What has America come to. A simple visit was all that was needed. Hopefully the ones in charge never have to go through such an ordeal. This family will NEVER be able to say one last I Love You. As a minister of the Gospel of Jesus Christ ,my prayers are with them. Jackson Memorial Hospital, shame on you! This has nothing to do with being a Lesbian or a Christian, simply "being human". May they win there law suit for the sake of the children. Though money could never replace the "moment", but it will help there future. Rev. Dr. E. Daniel Ponce


  • Name: Grant Dexter
    Date posted: 2008-06-28 12:06 PM
    Hometown: Seattle, WA

    Comment:

    Thanks,JC Harris of London, for an "outside looking-in" perspective that's much needed. Warning to Florida: If you don't hop on the "Equality Bandwagon" pretty soon you will fall as far behind as your "Bible Belt" neighbors to the north and become just another "low - tech backwater", an area of "sweet tea and grits", unable to attract top talent to the state. Educated people from outside the state aren't going to tolerate someplace that's "stuck in the past". GET WITH THE PROGRAM. As for the gay life there: Cigarette smoke, disco balls and drag shows belong back in the '70's. Hello?? Anybody home?


  • Name: JC Harris
    Date posted: 2008-06-28 11:40 AM
    Hometown: London, UK

    Comment:

    Some time ago, I e-mailed the Florida tourist authorities (who were mounting an ad campaign in the UK) to ask what assurances they could give that married or civilly partnered same-sex couples did not run the risk of falling into this trap if they visited Florida. I had neither acknowledgement nor reply. For a state that relies so much on tourist income to keep its creaking infrastructure going, this insouciant approach is going to come back and bite Florida. It will be even worse if Amendment 2 passes in November, enshrining - perhaps even requiring - the discrimination in which this hospital has engaged. It will cost the state income and jobs. "You're not safe in Florida" is a potent line that all the promotion of Key West and Fort Lauderdale in Miami Beach will find hard to dispel.


  • Name: Sandy M.
    Date posted: 2008-06-28 2:15 AM
    Hometown: Lake Havasu City

    Comment:

    Christians! Tell me they're not hypocritical! I don't care how disapproving they are about gay sex, to prevent two people who love each other from each other when one is dying is one of the cruelest tortures I could think of and the epitome of evil.


  • Name: Susan
    Date posted: 2008-06-27 10:42 PM
    Hometown: Leesburg FL

    Comment:

    as a resident of florida, and someone who's been hospitalized too many times, it's sad to say that we just lie these days and say we're each other's sisters, as next of kin: have already had problems with some nursing staff, but University of Florida, Miami, was great about acknowledging my partner's right to be my next of kin: I really think it's the hospital more than the state (the state's OTHER homophobic issues aside!); but I know in the last 2 hospitalizations, I was pleased and surprised to have been asked if I had any "cultural and/or traditions and/or beliefs" that they could address for me (instead of asking me for a religious preference) I even complimented them on that sensitivity. Florida needs a LOT of help but leaving won't help: change comes from WITHIN.


  • Name: Grant Dexter
    Date posted: 2008-06-27 5:05 PM
    Hometown: Seattle, WA

    Comment:

    If anyone's ever landed in Florida you've quickly realized that you've landed in another decade. I successfully saved enough money to rent a U-Haul and fled that backward homophobic environment a couple years ago. The state legislature is run by a bunch of "good 'ol boys" and there are also various "local" hatemongers like Ronda Storms (who's actually in the state legislature now.....scary) and David Caton, the former self-confessed porn-addict, who rails against the gay community on a continual basis. I agree.........sue the hell out of Jackson Memorial, especially the individuals who were directly responsible. Keep your fingers crossed that Amendment 2 fails, otherwise gay Floridains will be moving to Alabama or Texas "for a better life"........a Floridian in exile


  • Name: Jane
    Date posted: 2008-06-27 3:52 PM
    Hometown: Scotland

    Comment:

    America claims to be the leader of the free world but looking in from the outside all we see is country ruled by a right wing christian taliband! Good luck in your fight against such bigotry and whilst money will never replace a loved one I wish Janice and her children all the luck in the world and hope they win millions.


  • Name: Ang
    Date posted: 2008-06-27 2:43 PM
    Hometown: Atlanta

    Comment:

    My father has had to take my mother to the emergency room on several occasions over the years and, interestingly, he was never asked to prove that he is the legal next of kin during any of the emergency situations. The hospital staff always just took his word for it. While I understand the pragmatic responses from some about always carrying reams of legal documents with you, I can’t help but wonder if the staff would take the time to read and understand all those papers. Or was the horrific treatment of this family not about rules and legalities at all?


  • Name: John Embry
    Date posted: 2008-06-27 2:41 PM
    Hometown: Forestville, CA

    Comment:

    I tried to address my comments to Jackson Memorial Hospital and I can see how frustrated anyone with an imperitive cause could get. These people seem to talk only to their Florida Evangelical God and then by appointment. What a sad thing when a mate of 18 years can't say goodbye, nor can the children of the deceased. The patient certainly went from happily going on a cruise with her family to death rapidly under the care of Jackson Hospital. I wish the surviving mate the best in her lawsuit to help put an end to the Anita Bryant Dade County school of thought prevailing some years ago there. Sue the hell out them--literally!


  • Name: Tom Warren
    Date posted: 2008-06-27 2:33 PM
    Hometown: Norfolk, Va

    Comment:

    I changed my last name to my partners several years ago (rather than hyphenating). Since then he has been in the hospital many times. We always say were brothers (even though there is a huge age difference) and they accept it. One time I was asked for ID, but because my last name is his, they had no choice but to accept it as the truth. As a retired Navy guy, he uses the Military hospitals (even in Jacksonville Florida) and we have had no problems since my name changing. Prior to that I was allowed to visit during normal hours, but if I wanted to stay I couldn't. Now, they offer me a cot to stay the night if I want to. One time a nurse assumed I was his son, and he had told the doctor we were brothers. Taught her what assuming means quick.


  • Name: J.C.
    Date posted: 2008-06-27 1:55 PM
    Hometown: Westchester

    Comment:

    If this happens to a man and a woman, who are married, how does one provide paperwork at this particular hospital? Will the hospital simply take the surviving spouse's WORD that they are legally married, and allow visitations, and give out medical reports, given the urgency involved in the situation? Or will this spouse also have to sit and wait for hours until he or she can prove with paperwork that they are indeed married? Regardless of what their rules are, what this hospital did was inhumane.


  • Name: Robert
    Date posted: 2008-06-27 10:09 AM
    Hometown: Tampa

    Comment:

    I wonder, how can any nurse or doctor denie visitation rights to this women and her children? She's going to have a hell of a time i'm afraid. This isnt the first case here in florida where gays were denied the right of visitation or news of their partners during emergancies. Also when it comes to adoption gays are barred from any recognized adoptions as well as marriage in the state of florida. We'er right now trying to stop Amenment 2( ban on domestic partnerships) from being scibbled into the constitution. One could argue she should have made copys of any legal documents she had but when your going to the ER with your dieing spouce there really isnt much time to take to get those kinda docs. And I'm pretty sure there is no drive through lawyers office either.


  • Name: jerroy
    Date posted: 2008-06-27 9:20 AM
    Hometown: Laporte, in

    Comment:

    I took my partner four time to two different emergency rooms in Florida this winter. NO Problems. I gave all legal papers to them. They made copies. One hospital was in Lake wales, Polk co. The most red county in Florida. The other was Holy cross in Ft. lauderdale. just be nice and friendly. Go to Disney world. have fun.


  • Name: Mark
    Date posted: 2008-06-27 9:11 AM
    Hometown: Tampa

    Comment:

    I wish Janice all the best with this lawsuit. It is Florida, however, and the deck is really stacked against LGBT people here. My partner and I have spent a lot of money on legal documents to prevent just such an outrageous incident, but it I've never had faith that they would be honored if the situation arose. Not in Florida. We may very well be the most homophobic state in the Union...and there are some doozies out there.


  • Name: john in SF
    Date posted: 2008-06-27 12:46 AM
    Hometown: San Francisco

    Comment:

    Hmm, if this had been me, we would be looking at a very different story. SF man puts entire wing of hospital in the hospital fo refusing entry to see dying partner.


  • Name: TwoDaddyFamily
    Date posted: 2008-06-26 11:38 PM
    Hometown: Atlanta

    Comment:

    Part 2---the fact that the family and wife DID have all the legal documents (advanced directives/medical power of attorney/adoption decrees) is why they have such a strong legal case against the hospital; maybe they can sue the state of Fla, too, for the death certificate, at the very least for the children?...


  • Name: TwoDaddyFamily
    Date posted: 2008-06-26 11:00 PM
    Hometown: Atlanta

    Comment:

    Good point, Barbara, but the sad thing is, this family DID have medical power of attorney and her wife STILL was denied; so were their legally jointly adopted children from seeing their dying mother. Wish this story would have spelled that out! The family was just about to go on the Rosie gay family cruise when that hospital treated this grieving family so horrendously. We hope the family receives millions!!! And the fact that the state of Fla & the county denied providing the family the person's death certificate, despite all of their legal documents, is just as horrendous. Evil hospital and state of Fla!!! We want to take our kids to Disney World, but NO thank you!!!


  • Name: Barbara Wilson
    Date posted: 2008-06-26 10:36 PM
    Hometown: Corvallis

    Comment:

    Durable or provisional power of attorney; health care power of attorney; guardianship or adoption papers if you have kids. Go to a lawyer and get them all written, signed, and notarized. Put copies (or duplicate originals) in your car and/or suitcase. Make a tiny, reduced, photocopy and put it in your wallet. Be prepared. Suing may provide some satisfaction, but preventing this kind of problem is much better.


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