Source: Southern Voice, Miami Herald
Miami -- "There is nothing that can make up for what my children and I endured that day," said Olympia resident Janice Langbehn about the way she was treated on the day her partner, Lisa Pond, died. "We only want the hospital to take responsibility for how they treated us and ensure that it doesn't happen to another family."
On the one-year anniversary of Lisa Pond's death, Lambda Legal announced its intent to file a lawsuit on behalf of Pond's same-sex partner and family.
Qnews update: Olympia woman sues Miami hospital that wouldn't let her visit her dying partner (26-June-08)
A year ago this week, the Langbehn-Pond family settled in for a gay "R Family" cruise. But while the ship was still docked in a Miami port, Lisa suffered a brain aneurysm on Feb. 18, 2007, and died a few hours later in a local hospital.
Lisa and Janice Langbehn-Pond created durable powers of attorney for each other, living wills and advance directives -- all the documents gay men and lesbians are told will protect them in case of tragedy. But without copies in hand during a trip, the papers were worth nothing.
Pond was rushed from the ship terminal to Miami's Jackson Memorial Hospital with her partner Janice and three children following close behind. There, the hospital refused to accept information from Janice about her partner's medical history.
In the final moments of Janice Langbehn-Pond’s life, the power of attorney she fastidiously filled out didn’t stop her from dying alone. Her partner and children sat a room away, unable to see her or make medical decisions.
Janice 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.
The hospital required Janice to have the power of attorney faxed from thier home before doctors would discuss her partner’s condition, or let her see her.
Other than one five minute visit, which was orchestrated by a Catholic priest at Janice's request to perform last rites, and despite the doctor's acknowledgement that no medical reason existed to prevent visitation, neither Janice nor her children were allowed to see Lisa until nearly eight hours after their arrival.
Soon after Lisa's death, Janice 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 accordance with Florida law, Lambda Legal is waiting for the hospital to respond to the notice of intent to sue before formally filing a complaint with the court. The hospital has six months from January 14th, the date of Lambda Legal's letter, to respond.
Linda Ellis, executive director of the Atlanta Lesbian Health Initiative, discussed the Langbehn-Pond family's tragedy in a Feb. 8 presentation to DeKalb County health care workers. Gay couples can never count on receiving fair treatment, Ellis said.
“My partner and I both have power of attorney forms for each other, and whenever we leave Atlanta we carry them with us,” Ellis said. “While I trust that my local practitioner will treat us as a couple, if we get into an accident in Cordele on the way to the beach, I don’t trust wherever we end up to recognize my partner.”
Note: Story clarified with location change from Portland to Olympia. The source story on which this summary is based located the couple in Portland. Janice clarified in an email to us: "you have it wrong we live in Olympia WA."
Full article: Gay South Florida www.miamiherald.com/gay (Lambda press release)
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