California Lesbian Couple Faced Discrimination at Fresno Hospital

[FreeState]

http://gaynewsblog.net/2009/06/california-lesbian-couple-faced.html

"As I was laying there all alone, I wondered how many people from the LGBTQ community die by themselves because they are denied a basic right. The thought frightens me." Kristin Orbin, 29, explained her ordeal at Fresno Community Regional Medical Center on Saturday, May 30th, to the Examiner.

Orbin and Teresa Rowe, 30, who live in Northern California, have been partners 3½ years, and were in Fresno for Meet in the Middle 4 Equality, an event protesting the California Supreme Court's ruling to uphold Proposition 8.

After a 14 mile march in Central Valley heat, Orbin, who is epileptic, collapsed suffering three grand mal seizures. The volunteer emergency aid staff at the rally responded promptly and appropriately. A doctor at a first aid center had difficulty finding her pulse, so he called 911.

Orbin said the discrimination began at the time the paramedics arrived and continued upon arrival at the hospital.

"By that time, I was awake and aware of what was happening. They wanted nothing to do with Teresa and she had to practically fight them to be allowed to ride in the ambulance. Once we got to the hospital, they wheeled me into a hallway and left me, refusing to allow Teresa to be with me."

Orbin explained that the paramedic told the nurse on duty at that time that she collapsed after marching 14 miles for civil rights, and the nurse gave Orbin a dirty look, then said "ooooh." She further explained, "I asked if Teresa could come back with me, but the nurse told me I was in a no visitor zone. When I asked her why everyone else had visitors, she said 'those people are different.'"

At that point, Orbin went to sleep, but was awakened because a nurse was giving her benzodiazapine Ativan, a drug that gives her severe migraine headaches. She then realized just how severe her situation had become.

"Teresa was finally able to make her way up to the front desk and convince them to get a cell phone to me. When I talked to her, she said she had told the nursing staff not to give me Ativan, but they refused to listen to her. They refused to take my medical cards from her. They refused Teresa's offer to have my advance directive and power of attorney faxed over from UCSF."

Orbin noted she asked the nursing staff repeatedly if Rowe could come be with her, but they continually refused. "They just kept looking at my Marriage Equality shirt and giving me dirty looks," she said. See California Lesbian Couple Faced Discrimination at Fresno Hospital
SheWired

[LynneSin]

1. I hope this couple files a serious lawsuit against this hospital

This is so wrong on so many levels and it was more than just one medical person showing their prejudice but almost everyone there.

I don't know if you can do this, I have something in my wallet next to my drivers license, but I've put a note in there requesting that if anything happens to me that I have a hospital preference. I live closer to a Catholic hospital that won't administer EC - I would prefer being sent to the one that's just a few more blocks away where I know they will.

[imdjh]

2. EC?

[FreeState]

4. Emergency Contraception? n/t

[imdjh]

6. ah, thanks nt

[LynneSin]

5. Emergency Contraceptive

I know it would be pretty rare but I do live in the city. If I end up there because of rape I want to know that someone, a doctor or nurse or someone medically related, will immediately give me EC.

THe point is, I've made a choice based on the fact that one hospital is much nicer than the other. I'm not sure if this couple is from Fresno but if they are and know of another hospital in the area that won't be so rude that perhaps they can make pre-arrangement that future needs have them going to a friendly hospital

Of course the important part really is how they were treated and that this Hospital face the impact of their poor treatment.

[imdjh]

9. I don't think you always get a choice though. Nearest hospital sometimes rules.

And as I understand it, even in a hospital that does have the morning after pill, they make it a pain to get it.
Somebody wrote about it here on DU. Not pretty.

[MountainLaurel]

8. Emergency contraception n/t

[Q3JR4]

39. Oh yes.

I hope they do.

Q3JR4.

[foxfeet]

3. And we are still told this doesn't happen as long as you've got a DPOA.

These women should complain to the licensing boards for the hospital, the nurses and the paramedics.

[FreeState]

7. Yes that happens here unfortunately

thats why I post stories like this - we need to get the word out that Domestic Partnerships and Contract Laws are inherently flawed because they allow for bigotry. Only marriage will work.

[bluedawg12]

19. Without the title: married, and without the legal protection of "marriage"

in practical terms we are relegated to subhuman and less than second class citizens -even when it comes to health care and people who should rise above their bigotry and act ethically.

[FreeState]

23. Yes - also we must remember the 1400+ Federal rights that include health care!

Marriage is not a states issue. I get so sick of people pretending to be pro-equality say its a state issue. No its not - as evident from having to pay federal taxes on insurance for my partner among other things.

[RufusH]

25. Exactly. Federal Income Tax, State Income Tax and Social Security Tax ... all more than I would pay

if I were straight and married. Not to mention how much less I would pay if we were allowed to file jointly, while my partner is unemployed.

[bluedawg12]

27. Pay your taxes and shut up and expect discrimination in health care settings.

http://www.edgeftlauderdale.com/index.php?ch=news&sc=&sc2=news&sc3=&id=90989
Activists pressure Jackson Memorial to change visitation policies
by Denise Royal
EDGE Southeast Regional Editor
Monday May 11, 2009

Activists continue to pressure Jackson Memorial Hospital in Miami to change their visitation policies after administrators refused to allow her lesbian to visit her dying partner in 2007.
Email Print Share Buzz up!

It was a case that shocked both gay and straight Floridians. A lesbian was prevented from seeing her partner because administrators refused to recognize her and her children as family. That partner later died.

Janice Langbehn, Lisa Marie Pond and three of their four children were about to take a cruise in Feb. 2007 to celebrate the couple’s 18th anniversary, but Pond suffered a massive stroke before the ship left port and was taken to Jackson Memorial Hospital in Miami.

She was pronounced dead of a brain aneurysm about 18 hours after being admitted to the trauma center. Langbehn said she was only allowed in to see her partner for a few minutes when a priest gave Pond the last rites.

Hospital workers refused to let Langbehn into Pond’s hospital room -- even after a power of attorney was faxed to the hospital -- because they were not legally related.

Pond subsequently filed a lawsuit seeking damages in excess of $75,000.

The Committee for Fair Visitation at Jackson Memorial Hospital, a coalition of gay rights organizations, submitted a letter to the Public Health Trust of Miami-Dade County last month that requests a meeting to discuss the hospital’s position it does not have to provide same-sex partners visitation rights.

"Janice’s case illustrates the fact that discrimination in health care settings is still far too common for LGBT individuals. The Committee also hopes to discuss ways in which the hospital can revise their visitation policies and practices to allow for equal and nondiscriminatory treatment of LGBT individuals.

"Janice’s case illustrates the fact that discrimination in health care settings is still far too common for LGBT individuals," James Beaudreau, of the Gay and Lesbian Medical Association said. "No one should be told that they do not fit the definition of ’family’ after rushing a loved one to the emergency room."

"At Jackson Health System, we believe in a culture of inclusion," Jackson Memorial spokesperson Lorraine Nelson told EDGE. "For more than 90 years, we have served the Miami-Dade community. We take great pride in serving everyone who enters our doors regardless of race, creed, religious beliefs or sexual orientation."

Nelson added Jackson Health System has no policy restricting visitation on account of a person’s sexual orientation. Jackson grants visitation to individuals equally, no matter who they are and regardless of their relationship to the patient.

"Visitation is limited only by the nature of the medical care being provided to the patient or other patients in the area, and all patients’ privacy concerns," she said. "Thus, the type of hospital unit where a patient is being treated, and the status of other patients in the area, will greatly affect the amount of access afforded to visitors. This is Jackson Health System’s policy and it has remained unchanged over the last 10 months."

Beaudreau said his organization has yet to receive a response from the hospital.

[bluedawg12]

10. Once agan bigotry get's in the way of ethical AND sound health care.

Who needs marriage - we can cobble together pieces of paper that approximate marriage--right? :grr:

[ronnykmarshall]

11. The perfect example of second class.

Fuckers.

[bluedawg12]

17. Exactly and the negligence and unethical treatment of a patient

"allegedly" whose health history contained significant information about interactions and adverse reactions with commonly used anti-seizure medications and yet ignoring the patient's partner, they gave her the benzodiazapine called Ativan!

>>At that point, Orbin went to sleep, but was awakened because a nurse was giving her benzodiazapine Ativan, a drug that gives her severe migraine headaches. She then realized just how severe her situation had become.<<

Second class and not fully human is what some people think of gays. :grr:

[TheWraith]

12. Sounds like somebody needs to be sued until they cry.

Somebody should recommend these ladies a bloodthirsty lawyer in the area.

[mnhtnbb]

13. There's no excuse for this kind of treatment. As a former hospital

administrator, I have to say that weekends are not the best time to challenge staff because
there are so few supervisors present, but that is absolutely what I would recommend for
anyone who has a problem with hospital staff at any time over any patient care issue.

Start out asking whether there is a patient advocate's office in the hospital. Don't be afraid to ask for a supervisor. Don't be afraid to find the Director of Nursing's office. Don't be afraid to walk into Administration. Keep going up the ranks until you find someone with some common sense and
empathy for the patient without regard to making a political statement.

[ejpoeta]

18. their treatment of this person's partner, regardless of what they think of

gay rights or anything else!! this person had information that was vital to treatment. alergies... they had access to information and they refused to accept it. if for no other reason than CYA, they should at least recognize the possible lawsuit if someone were to have a reaction worse than a migraine.

[RufusH]

24. This is good advice. Every gay person should do this if confronted with this sort of issue.

It's sad that we would have to, but at least it's important to be aware of what to do until we ARE treated fairly.

[bluedawg12]

30. Good advice about how to work with-in the system.

Unfortunately, as the Jackson Memorial Hospital case showed us, that when there is a "corporate culture of bigotry" it's hard to find an unbiased patient advocate, especially on a week-end and in the midst of a crisis.

Write down everyone's name and always keep a brief journal log of daily events when a loved one is in a hospital.

Always be firm, calm and polite but do not hesitate to talk to the Nursing Supervisor on duty if the floor nurse is unco-operative, get the social worker involved early and ask to speak with the attending physician in person. Of course if you are a gay significant other - you may be invisible and shunned- but, asking for people's full names is always an attention getter and keep at it and keep documenting it all as it happens, or as soon as possbible.

[ejpoeta]

14. that's blatant discrimination. a no visitor zone, yet everyone else had someone there.

Especially if the patient requested this person to go with her. I guess they could make a claim if the patient was not able to say one way or the other. and then not taking the information from her partner is just insane!! what if she were alergic to a medicine she was given, when her partner was right there to tell them about it!! i hope this couple sues. and wins!! this is crap!

[Mythsaje]

15. Stand in my way

and I guarantee someone's going to be very happy they're already IN the hospital. I take a very dim view of negligent homicide.

[noiretextatique]

16. fresno...not surprising

i don't think they would have been treated like that in the bay area. fresno is definitely a red area.

[RufusH]

20. Equal Marriage would prevent this kind of BIGOTRY.

A married partner would not have to stand for that. If they refuse a spouse, call the cops. Refuse an unmarried "friend" and there's no recourse.

Even with the proper legal documents, this happens. They refused to have them faxed over. Even if we carry them around with us wherever we go, this shit still happens.

:grr:

[bluedawg12]

26. Fresno Community Hospital and Medical Center

Prior to that it was


Jackson Memorial Hospital in Miami.

http://www.watermarkonline.com/content.php?cid=4129
Miami
Lambda Legal sues Miami hospital over partner visitation rights

Miami | On Wednesday, June 25, Lambda Legal announced a lawsuit against Jackson Memorial Hospital in Miami for the negligent treatment toward the family of Lisa Pond, a lesbian whose partner of 18 years and their three children were not allowed to see her as she slipped into a coma and died.
"The treatment that Janice and her children received was outrageous, unethical and discriminatory," said Beth Littrell, staff attorney in Lambda Legal’s Southern Regional Office based in Atlanta. "Having your worst family nightmare compounded by mistreatment by hospital staff is more than anyone should have to endure."
While on a family cruise leaving from Miami, Pond, a healthy 39 year-old, suddenly collapsed. She was rushed to Miami’s Jackson Memorial Hospital with her partner, Janice Langbehn, and three children following close behind. There, the hospital refused to accept information from Langbehn about her partner’s medical history. Langbehn 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 Langbehn, 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 Langbehn 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.
"There is nothing that can make up for what my children and I endured that day," said Langbehn about the way she was treated the day her partner, 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."
In January, Lambda Legal sent a letter to Jackson Memorial Hospital and later announced its intent to file a lawsuit on behalf of the Langbehn-Pond family. After receiving no response from the hospital despite providing them sufficient opportunity to avoid litigation, Langbehn and her family are now able to seek justice in a court of law.
"For more than eight hours, Lisa Pond’s family was kept from her side as she lay dying," said Lambda Legal cooperating attorney Don Hayden. "Jackson needs to understand that this mistreatment of families is unacceptable and must assure us that no other family will have to endure the indignities that were experienced here."

[bluedawg12]

21. "This unequal treatment of gays and lesbians denies them the basic liberties ..."

http://www.equalrightsfoundation.org/images/AFER_Board.pdf

Proposition 8 eliminated the right of same-sex couples to marry in California.

The suit states that Proposition 8 creates a class of "second-class citizens" and thereby violates the U.S. Constitution.

The suit also calls for an injunction against Proposition 8 until the case is resolved, which would immediately reinstate marriage rights to same-sex couples.

"This unequal treatment of gays and lesbians denies them the basic liberties and equal protection under the law that are guaranteed by the Fourteenth Amendment of the United States Constitution," the suit states.

"Our government should treat every American equally," Board President Chad Griffin said. "The American Foundation for Equal Rights will support legal, political and policy advocacy to ensure every American's Constitutional rights are protected."

"Above all do no harm."

[kestrel91316]

22. Giving her Ativan when they knew it would harm her is either

assault and battery or attempted murder.

I keep saying these freaks want us all dead. Nobody believes me. We are VERY close to open murder on a large scale.

[bluedawg12]

28. Smells like willful disregard for the safety of another human being

and it sure seems "allegedly" like a deviation from standard of care.

The words: "Hate crime" come to mind.

[Siyahamba]

29. Looks like "domestic partnerships" aren't good enough after all.

[bluedawg12]

31. Fresno Community Hospital and Medical Center allegedly doesn't care about advance directives

or POA's and according to the story, refused to even help obtain the legal documentation.

Above all do no harm.

[mrbarber]

32. Sue the living hell out of them.

Let's see if all these nurses discriminating will feed them and keep a roof over their head when their bigoted asses get fired.

[Zenlitened]

33. K&R, sadly.

Marriage equality... nothing more, nothing less.

[RetiredTrotskyite]

34. This is Reprehensible!

That hospitals are still permitted to do this because of their personal homophobia and the fact that they know that they can get away with it. This is yet another downside of the SCSC upholding of prop H8. Now the homophobes feel it is open season on us.

This is my fear. I am getting on in years and I worry that if something happens to be, my spouse may not be allowed to be with me. I almost don't want to go to a hospital if something happens because there is a possiblity that I might not see my spouse again. WHat straight couple has to put up with this sort of thing?

Travesties like this will continue until we have marriage equality nationwide and the 1100+ Federal Rights which it will bestow. This is the ONLY way to stop this sort of crime happening to LGBTQ couples.

[MsUnderstood]

35. Dirty loooks and an "ooohhh" do not make discrimination

Its easy when you are in a traumatic situation to misinterpret body language.

The entire story is told from the perspective of someone who was in an altered state and the gal frantic in the waiting room.

The hospital and ambulance may have made decisions that appeared biased but could have been part of policy or lack of following policy.

For example, not letting the 2nd person in the ambulance, not letting visitors in the initial treatment area, the staff in front not communicating to the staff in the treatment room.

[ronnykmarshall]

36. Oh those frantic gays again!

:eyes:

[RufusH]

37. They gave her Ativan contrary to what the partner told them, they refused to have her POA faxed..

or her Advance Directive, or accept her medical cards from the partner.

What a lovely way to diminish the very real and often horrific issue of discrimination and lack of protection for gays who cannot be legally married and recognized as legal spouses.

:grr:

Try to read the entire article before making such snide remarks.

[bluedawg12]

38. Couple of problems.

Families are allowed in the back of an ambulance, espcially if the spouse and patient just walked 14 miles and have no car readily available within a 14 mile radius.

Other families were allowed in the same treatment area.


The patient's own POA and Designated Health Care spokesperson was present to provide significant medical history. As in the case of Jackson Memorial Hospital, significant health information was available from the patient's next of kin as disregarded.

Oh wait. I forgot in California a gay partner is not next of kin, they are invisible.