Hospital visitation rights for same-sex partners seems an absurdly low bar when it comes to our equality - the very least we could possibly ask -- and it's hard to imagine such small comfort being denied any more.
Which is one reason the court decision in Janice Langbehn's case is so startling. She and her partner, Lisa Pond, took their three children to Miami for a family cruise in February 2007. Pond suffered an aneurism, and was hospitalized in Miami. The hospital did everything it could to prevent Langbehn from having any contact with Pond, and succeeded in keeping them apart until Pond died. Langbehn and Pond had done everything a couple unable to get lawfully married could do to prepare for such an event, including health care proxies. But in a state like Florida where anti-gay prejudice continues to prevail, all the legal preparations in the world don't mean a thing.
According to a press release, the court ruled that "the hospital has neither an obligation to allow their patients' visitors nor any obligation whatsoever to provide their patients' families, healthcare surrogates, or visitors with access to patients in their trauma unit."
As a strictly legal matter, that may be true (the decision can still be appealed). But as a moral matter, it is appalling. Hospitals came into being because of human compassion for illness and suffering. Whatever their legal obligations, preventing a woman from seeing her dying partner until the priest arrives to deliver Last Rites is a level of cruelty that should go down in the annals of depravity. For the record, the hospital is Jackson Memorial ("One of America's finest medical facilities"), a name that should also be recorded for posterity.
Their depravity, though, is reserved only for those of us who
are homosexual. That may provide comfort to a subset of
heterosexuals. But for the rest of us, this story is beyond horror
only because it is true.
18 Comments for “Yes, Hospitals Really Can Be This Inhumane”
posted by AndrewR on
If I read the decision properly, this isn’t anti-gay. It’s anti-everybody. The court is saying that I do not have a right to see my wife, that you do not have a right to see your parents, that we do not have a right to see our family members. Thanks to the court, we will all die alone, separated from our loved ones in our final moments. If there’s a march on the court in Florida, count me in.
posted by Elizabeth on
I read it that way too AndrewR. Except that can’t be, can it? I thought consent from the next of kin is required to make any decisions while a patient is incapacitated. I guess that doesn’t really require visitation, but it is another important aspect of the hospital rights issue, since only straight spouses are considered legal kin.
posted by Marcus on
Andrew and Elizabeth:
I initially shared your view of the court’s decision, but the court only held that the hospital doesn’t have “any obligation” to allow family members. Although seemingly even-handed on its face, this strikes me as more appalling, as a hospital can certainly CHOOSE to allow family members into hospital rooms if it wants to. There is no DUTY to allow or prevent family members. Therefore, I read this as providing a justification for their “no homosexual partners” in hospital rooms policy. Since they don’t have an obligation one way or the other, according to the court, their policy to allow family members is a mere courtesy.
posted by mattymatty on
Yes, Marcus is right — the court is saying that hospitals have wide latitude to discriminate. This opens the door for them to say, for example, “no visiting hours for Jews” or “blacks not welcome” or “Jackson Memorial Hospital reserves the right to refuse access to Mexican children.”
It’s absolutely unthinkable that a hospital would actually go out of its way to defend such an immoral policy.
posted by Bobby on
Another great reason to oppose public health care. Hospitals are already nazis in the private system, do we want to give them more power?
Other than that, all gay couples should get powers of attorney, that’s almost as good as being legally married.
posted by Dave on
According to the article, Bobby, the couple had done everything they could which would have included a power of attorney for healthcare. That is one of the first documents a gay couple would obtain. I see this as a great argument for the public option, since it is usually the religious non-profit that flaunts its rights to bar whomever they choose and state and federal laws often prevent a public hospital from discriminating.
Dave
posted by mattymatt on
I’m with Dave — Bobby’s argument doesn’t quite make sense to me. How would public health insurance give hospitals more power to discriminate? Public oversight of a hospital is not the same thing as giving public health insurance to sick people. Not to mention, if a hospital DID have public oversight, it would be easier to enforce nondiscrimination measures.
It’s pretty difficult to connect this particular tragedy to health insurance reform.
posted by mikekim on
mattymatt – I agree that this is a similar rationale as excluding Jews, Mexicans, or blacks. The difference is that race, religion, and national origin are all protected classes which is why you can’t fire somebody for being muslim or Korean.
posted by Joan on
I read the court’s opinion as well as the documents filed by the family. This was at a large public charity hospital in downtown Miami. The trauma unit she was in is reserved for the most serious traumas. The judge’s order made it clear that the hospital did recognize the power of attorney and that they consulted the lief partner on medical decisions. The judge also made it clear that once the woman was taken from the trauma unit there were no visitation issues. It sounds more like an issue of keeping visitors out of a busy trauma bay than about discrimination.
posted by Dan L on
Does anyone have a link to the court’s opinion? I can’t seem to find it anywhere…
posted by Bobby on
Well, all I know is that when you deal with the government they’re the ones in control, not you. In Europe they decide what medicines you can get, what treatment you can seek. It’s a collective mentality not based on customer service but in rationing healthcare and saving money. HMO’s and hospitals may be evil, but at least you get a choice between evils.
It’s just like Obama sending his kids to an expensive private school. If public things are so good, why not send his kids to public school then?
posted by Bridget on
Bobby, almost as good is not good enough.
posted by Jonna on
Bobby, do you REALLY think that when you go to a private hospital and have private insurance that YOU are in control??? If so, think again.
posted by Lia on
Not true Bobby. I live in the UK and we DO have a great choice over what treatment we receive, what doctor we see, what medicine we want to take, when we want to see a doctor etc etc etc and we dont have to worry about how much it’ll cost.
Plus if you cant get the treatment you want on the NHS you always have the option to go private and pay for whatever treatment you think you need.
Insurance companies only care about making money, they dont give a dam about your health.
posted by dua on
Please tell me how many cases you’ve seen of not letting a wife see her husband or a husband see his wife or a boyfriend not see his girlfriend…etc.
Come on… they just use that language to justify discrimination. What would it have hurt ANYONE to let this woman see her life partner. Seriously, what was the harm. NONE. Flat out discrimination.
posted by Bobby on
“Not true Bobby. I live in the UK and we DO have a great choice over what treatment we receive, what doctor we see, what medicine we want to take, when we want to see a doctor etc etc etc and we dont have to worry about how much it’ll cost.”
—Hi Lia, this is hte kind of mentality I don’t wnat to see in America.
“Americans use a lot of health care they don’t need – which wastes money. According to a 2008 report by the New England Healthcare Institute, as much as $850 billion spent on medical care each year could “be eliminated without reducing the quality of care.””
http://www.desmoinesregister.com/article/20091003/OPINION03/910030315/-1/SPORTS12&theme=/apps/pbcs.dll/section?category=SPORTS12
Who decides what I need and what I don’t need? In America if you have private healthcare you get what you want, or at least you pay out of pocket and because capitalism encourages competition, you rarely have to wait.
“Thousands of people are being forced to wait six months or more for hospital treatment or tests because of problems with the £12.7 billion project to upgrade NHS computer systems, The Times has learnt.”
http://www.timesonline.co.uk/tol/life_and_style/health/article6856103.ece
—
Even in America things aren’t so peachy with public health care:
“Oregon’s state-controlled care includes an official list that dictates what treatments will be covered based on annual budget constraints. If your disease is above the treatment line, you are covered. Below the line ? you’re not.”
“However, patients being denied treatment often receive an additional note in their denial letters ? the system telling them it will pay for “physician aid in dying.” Oregon won’t help you live, but it will help you die.”
http://www.investors.com/NewsAndAnalysis/Article.aspx?id=507689
I guess Sara Pallin wasn’t wrong about the “death panels.”
Besides, how can America afford public health care? Our national debt is in the trillions, we’re running huge budget deficits, what are we supposed to do? Tax the rich at 90%? New York has already raised taxes on the rich and they’re living in droves.
“Early data from New York show the higher tax rates for the wealthy have yielded lower-than-expected state wealth. Gov. David Paterson, who had always warned targeting the rich could backfire, fears that’s just what happened.”
http://news.yahoo.com/s/ap/20090927/ap_on_re_us/us_taxing_the_rich
posted by jacksmith on
A majority of voters would rather have a Democrats only bill with a Public Option. Rather than a bipartisan bill without a Public Option.
ATTENTION!! Congress Has The Votes Needed To Pass A Public Option – TODAY http://bit.ly/TCq7O
Why A Strong Public Option Is Essential – By jacksmith – Working Class
Robert Reich explains the pubic option: http://bit.ly/dDYSJ http://robertreich.blogspot.com/
Hollywood Supports The Public Option 🙂 http://bit.ly/3XLwPi
It’s not just because more than two thirds of the American people want a single payer health care system. And if they cant have a single payer system 77% of all Americans want a strong government-run public option on day one (86% of democrats, 75% of independents, and 72% republicans). Basically everyone.
It’s not just because according to a new AARP POLL: 86 percent of seniors want universal healthcare security for All, including 93% of Democrats, 87% of Independents, and 78% of Republicans. With 79% of seniors supporting creating a new strong Government-run public option plan, available immediately. Including 89% of Democrats, 80% of Independents, and 61% of Republicans, STUNNING!!
It’s not just because it will lower cost. Because a strong public option will dramatically lower cost for everyone. And dramatically improved the quality of care everyone receives in America and around the World. Rich, middle class, and poor a like.
It’s not just because it will save trillions of dollars and prevent the needless deaths of millions more of YOU, caused by a rush to profit by the DISGRACEFUL, GREED DRIVEN, PRIVATE FOR PROFIT MEDICAL INDUSTRIAL COMPLEX!
It’s not just because every expert in every field, including economist, and Nobel laureates all agree that free market based healthcare systems don’t work. Never have and never will. The US has the only truly free market based healthcare system in the World. And as you all know now, IT IS A DISASTER!
It’s not just because providing or denying medically necessary care for profit motivations is wrong. Because it is WRONG! It’s professionally, ethically, and morally REPUGNANT!, Animalistic, VILE and EVIL.
THE REASON THE PUBLIC OPTION IS ESSENTIAL:
The public option is ESSENTIAL because over 200 million of you are trapped in the forest of the wolves. Which is the forest of the DISGRACEFUL, GREED DRIVEN, PRIVATE FOR PROFIT MEDICAL INDUSTRIAL COMPLEX! With no way out except through needless inhumane suffering, and DEATH. While the wolves tear at your flesh, and rip you limb from lib. Then feast on your lifeless bodies like a dead carcase for transplant parts.
At the most vulnerable times of your lives (when you were sick and hurting), millions of you have had to fight and loose cruel, but heroic battles. Fighting against the big guns of the DISGRACEFUL, GREED DRIVEN, PRIVATE FOR PROFIT MEDICAL INDUSTRIAL COMPLEX! in the forest of the wolves. All because you have no place else to go. You have no other CHOICE!
But the PUBLIC OPTION will give you someplace safe to go. And it will give us someplace safe to take you. The public option will be your refugium (your refuge). Where the wolves cannot get at you when your down, hurting, and vulnerable. Where everyone who needs it can find rest, security, comfort and the care they need. Protected by the BIG GUNS of We The People Of The United States. THE MOST POWERFUL PEOPLE AND COUNTRY ON EARTH.
This is why it is so critical that we do not lead another 50 million vulnerable, uninsured Americans into the forest of the wolves, without the protections of a Strong Government-run MEDICARE like public option. We The People Of The United States MUST NOT LET THAT HAPPEN to any more of our fellow Americans. If healthcare reform does not contain a strong MEDICARE like public option on day one. YOU MUST! KILL IT. Or you will do far more harm than good. And millions more will die needlessly. Rich, middle class, and poor a like.
To those who would continue to obstruct good and true healthcare reform for the American people, and who seek to trap millions more vulnerable Americans in the forest of the wolves. We will continue to fight you. We are prepared to wage all out war against you, and will eagerly DESTROY! you. Time…is…UP! YOU HAVE BEEN WARNED! No Co-op’s! No Triggers! NO INDIVIDUAL MANDATES! without a Strong MEDICARE like public option on day one.
Healthcare reform can be the GREATEST! Accomplishment of our time and century. A time when future generations may say of us, that we were all, AMERICAS GREATEST GENERATIONS.
BUT WE MUST ACT!
I therefore call on all my fellow Americans and the peoples of the World. To join us in this fight so that we may finish becoming the better America that we aspire to be for everyone.
SPREAD THE WORD!
I have been privileged to be witness as many of you fought, and struggled to take your first breath, and your last breath on this earth. Rich, middle class, and poor a like. Life is precious.
Whatever the cost. WE! MUST SUCCEED.
God Bless You My Fellow Human Beings
jacksmith – Working Class
Things You Can Do To Help NOW! http://www.everydaycitizen.com/2009/09/tired_of_watching_people_die_n.html
No Triggers! http://www.huffingtonpost.com/jason-rosenbaum/a-trigger-for-the-public_b_277910.html
Triggers http://www.huffingtonpost.com/david-sirota/weve-seen-these-triggers_b_283583.html
Krugman on heathcare (http://krugman.blogs.nytimes.com/2009/07/25/why-markets-cant-cure-healthcare/)
Senator Bernie Sanders on healthcare (http://www.youtube.com/watch?v=RSM8t_cLZgk&feature=player_embedded)
John Garamendi on the Public Option and the Grassroots: http://bit.ly/TJMty
Howard Dean on the Public Option http://www.youtube.com/watch?v=8SKfW2dUnow&feature=player_embedded
We’re Number 37! in quality of health care http://www.youtube.com/watch?v=yVgOl3cETb4&feature=player_embedded
Twitter search (#welovethenhs #NHS #hc09 #hcr #healthcar #obama #p2 #topprog #) Check it out.
posted by Bobby on
I don’t care what the AARP says because they’re dominated by liberals.
As for other opinion polls, the AP says most Americans oppose the public options.