Family Law

FL Hospital Sued For Denying Access to Dying Partner

Miami, FL—A lawsuit will be filed in Miami Wednesday against a hospital that refused to allow the partner of a dying lesbian to see because they were not considered family. The case is a poignant reminder that same-sex couples, even those in a legally-recognized relationship, should have proper advanced directives and other estate planning documents.

The suit will be filed by Lambda Legal which is representing Janice Langbehn.

Langbehn and Lisa Pond had planned to take their three children on a family cruise. The Olympia, Washington couple had been together 18 years and with their children were looking forward to the holiday.

But just as they were about to depart on the cruise from Miami, Florida. Pond, a healthy 39-year-old, suddenly collapsed. She was rushed to Jackson Memorial Hospital in Miami with Langbehn and the children following close behind.

Once Langbehn and the children arrived at the hospital the hospital refused to accept information from her about Ponds?s medical history.

Langbehn says she was informed that she was in an antigay city and state, and she could expect to receive no information or acknowledgment as family.

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 Langbehn?s request to perform last rites, and despite the doctor?s acknowledgement that no medical reason existed to prevent visitation, 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 get her death certificate in order to get life insurance and Social Security benefits for their children. She was denied both by the State of Florida and the Dade County Medical Examiner.

In February, Lambda Legal sent a letter to Jackson Memorial Hospital and announced its intent to file a lawsuit on behalf of Pond's family.

After receiving no response from the hospital despite providing them sufficient opportunity to avoid litigation, Janice and her family are now able to seek justice in a court of law, said Lambda spokesperson Tika Milan.

Full post as published by NJ Domestic Partnership on June 26, 2008 (boomark / email).