Hospitals Visitation Rule for Gay/Lesbian Partners

[3113]

I'm sure most of you have already heard the news, but I felt it was worth posting here.

President Obama has asked the Department of Health and Human Services to establish a rule that would prevent hospitals from denying visitation privileges to gay and lesbian partners. The president's Thursday memo said, "There are few moments in our lives that call for greater compassion and companionship than when a loved one is admitted to the hospital. ... Yet every day, all across America, patients are denied the kindnesses and caring of a loved one at their sides."

Gay and lesbian Americans are "uniquely affected" by relatives-only policies at hospitals, Obama said, adding that they "are often barred from the bedsides of the partners with whom they may have spent decades of their lives - unable to be there for the person they love, and unable to act as a legal surrogate if their partner is incapacitated."

This move was motivated by the story of Janice Langbehn. When her partner of 17 years (and co-mother of their 4 adopted children) Lisa Pond collapsed during a family vacation in Florida three years ago, Janice was kept away from her hospital room.

Janice Langbehn begged and waited for hours to stand by Pond's bedside at Miami's Jackson Memorial Hospital, but it wasn't until her partner's sister arrived that she got any information. In the end, the person Pond was closest to was relegated to a waiting room as she died from an aneurysm.

The Catch-22, of course, is that Janice would have been Lisa's wife if they'd been allowed to marry, but because they're lesbians, they can't, and so the hospital was able to keep her out! This rule will apply to any hospitals taking Medicare/Medi-cal.

 

[Jagged]

Having worked in health care I've heard it is more of a legal issue. Most nurses don't care that people are gay or lesbian and will let partners in to comfort their love during their time of suffering. Me I was to busy to care and saw so much suffering I saw no need to make things worse...

That said decisions need to be made by someone with some legal standing. It doesn't make much sense to call someone's parents who they haven't talk to in years and are in another city to make a life and death decision when their long time love is there ready to do what is necessary.

Being a libertarian I believe the government should keep out of things, and as to people being gay it is nobody's business but there own. The state (every government agency the handles marriage) should offer to everyone a domestic partnership. The details are difficult to hammer out, but there needs to be a solution, so people won't suffer.

 

[JAMESBJOHNSON]

The problem is fags & fagettes leave trails of unfinished business to Hell and back: wills, powers of attorney, real spouses, and all this litter complicates things.

 

[3113]

That said decisions need to be made by someone with some legal standing.

In the case of Janice there, she had power of attorney. They still wouldn't let her see her partner.

 

[JAMESBJOHNSON]

3113

DEFCON 5 Bull Shit alert.

 

[Stella_Omega]

The hospital said that power of attorney is not next of kin.

And it isn't.

Correction-- here's the NYT newspiece
http://www.nytimes.com/2009/05/19/health/19well.html

 

[voluptuary_manque]

One must wonder when doctors and nurses became the arbiters of family.

 

[JAMESBJOHNSON]

http://legal-dictionary.thefreedictionary.com/Power+of+attorney

HERE YA GO STELLA.

For the rest of you, if youre incapacitated who you gonna call, Ghost Busters? No! You prepare a power of attorney then fuck the nurses and fuck grandma.

But as I said fags & fagettes generally dont think ahead, and their shit is generally loose as a goose, and they have ouchies with the legal protocols.

 

[JAMESBJOHNSON]

One must wonder when doctors and nurses became the arbiters of family.

What would please you, SFB, a Cosmic Fag to sort it all out?

 

[3113]

The hospital said that power of attorney is not next of kin.

And it isn't.

Fair enough, but what is "next of kin"? Related by blood? That knocks out my husband, doesn't it? He's not related to me by blood, but by a legal contract. If that makes him "kin" then anyone with any kind of legal contract connected to me is "kin."

 

[Stella_Omega]

Fair enough, but what is "next of kin"? Related by blood? That knocks out my husband, doesn't it? He's not related to me by blood, but by a legal contract. If that makes him "kin" then anyone with any kind of legal contract connected to me is "kin."

That's the whole point of a marriage license.

 

[JAMESBJOHNSON]

That would make a great horror story: A fagette goes into a coma after her life partner brains her with an ironwood dildo, and at the hospital the life partner sez SNUFF THE BITCH though Mom wants to save poor Nelle.

 

[Stella_Omega]

That would make a great horror story: A fagette goes into a coma after her life partner brains her with an ironwood dildo, and at the hospital the life partner sez SNUFF THE BITCH though Mom wants to save poor Nelle.

And the mystery could be solved by a fat pink geezer with shit on his breath.

Go brush your teeth.

 

[Handley_Page]

James,
Most of the time I read your shorthand vitriol; with a slight feeling of amusement or puzzlement. This time I feel you are off your trolley.
I recall SafeBet having this visiting problem (she kindly explained it to me via a PM or three).

It is total madness to admit only a "married" partner or blood relative in these cases. A little understanding and maybe some sort of proof of the union of these two people should be all that is required.

 

[Liar]

It is total madness to admit only a "married" partner or blood relative in these cases. A little understanding and maybe some sort of proof of the union of these two people should be all that is required.

Indeed. What if the married partner or blood relative is someone I woudn't want within a hundred feet from my person?

I'm not sure how that work. When does the hospital step in and make that desicion? When the patient is unable to?

Whoever the hell I say should be the one granted visitation rights to me. Be it my wife, gay partner, friend, mom, neighbor, boss or parole officer.

 

[oggbashan]

Years ago I drove a neighbour twenty miles to the nearest hospital to have a termination (abortion) because her fetus had died. No ambulance was available when her doctor failed to detect a fetal heartbeat.

I stayed with her throughout the procedure despite not being a relation.

She wanted someone. Her husband was at work and couldn't get back in time.

Today? Could I do that?

Possibly. The staff originally thought that I was her husband. I helped her complete the paperwork.

But under current rules I might not be allowed to stay with her.

As I am a bloody-minded individual the staff might have difficulty evicting me if she wanted me. But I would have no right to be with her. I didn't have then but I wouldn't have left when she needed someone.

Locally I think the hospital staff would use their discretion to allow what the patient wanted, but they would be breaking the rules or bending the guidelines.

Og

 

[JAMESBJOHNSON]

James,
Most of the time I read your shorthand vitriol; with a slight feeling of amusement or puzzlement. This time I feel you are off your trolley.
I recall SafeBet having this visiting problem (she kindly explained it to me via a PM or three).

It is total madness to admit only a "married" partner or blood relative in these cases. A little understanding and maybe some sort of proof of the union of these two people should be all that is required.

If the stats are accurate a large share of the general population are confused and disorganized wankers with lives in disarray. You see it at court where these clowns petition the judge for pie in the sky yet havent done the first damned deed to put their affairs in order.

I'm convinced youre full of shit, naif, but you mean well.

 

[voluptuary_manque]

Years ago I took the sixth grade to Outdoor Science School. The first night there one of my girls slipped on black ice and shattered her ankle. The nearest relative was at the bottom of the mountain so guess who rode in the ambulance with her to the hospital, sat with her while the doctor anesthetized her and set the ankle (beautifully, BTW, the guy got a lot of practice each winter!) and guess who sat there waiting until three in the morning until her mom was finally able to find the damned hospital in the dark and take the poor kid home? Uh-huh, teacher. The legal term is in loco parentis, in place of the parent. Did the hospital have any heartburn about it? Hell, no! So what was the Florida hospital's damned problem?

 

[JAMESBJOHNSON]

Years ago I took the sixth grade to Outdoor Science School. The first night there one of my girls slipped on black ice and shattered her ankle. The nearest relative was at the bottom of the mountain so guess who rode in the ambulance with her to the hospital, sat with her while the doctor anesthetized her and set the ankle (beautifully, BTW, the guy got a lot of practice each winter!) and guess who sat there waiting until three in the morning until her mom was finally able to find the damned hospital in the dark and take the poor kid home? Uh-huh, teacher. The legal term is in loco parentis, in place of the parent. Did the hospital have any heartburn about it? Hell, no! So what was the Florida hospital's damned problem?

On Florida you'd simply call the state abuse registry to get an authorized agent to go to the hospital, take the child into custody, and authorize the emergency treatment. If the procedure is invasive, the agent gets an emergency court order.

 

[3113]

So what was the Florida hospital's damned problem?

Homophobia, at a guess. I mean what the fuck? They let in a priest! So if I'm dying I can have a complete stranger come in to pray over me but not the person I live with, love and have a life with?

 

[Stella_Omega]

Homophobia, at a guess. I mean what the fuck? They let in a priest! So if I'm dying I can have a complete stranger come in to pray over me but not the person I live with, love and have a life with?

Homophobia absolutely, the Nurse told her so.

 

[MzDeviancy]

James,
Most of the time I read your shorthand vitriol; with a slight feeling of amusement or puzzlement. This time I feel you are off your trolley.

Yeah, every now and then it crosses the line from amusing/mildly annoying to actually revolting. I'm betting he has no one at his bedside when he dies, and not because the hospital is barring access.

 

[SEVERUSMAX]

Why can't the patient have whom he or she wants in a moment of such pain and trauma? Gay, straight, bi, whatever....this is a time for compassion, not controversy.

 

[JAMESBJOHNSON]

Yeah, every now and then it crosses the line from amusing/mildly annoying to actually revolting. I'm betting he has no one at his bedside when he dies, and not because the hospital is barring access.

Whats the down-side to your point?

If you live long enough you learn that Hell is other people.

 

[Trinique_Fire]

The whole time I read through the thread I thought about the time I sat with one of my girlfriends in the ER all night. No one had a damn problem with me being there and in fact thought it was sweet. I'm in utter pain for this woman who had to sit outside while her partner passed away. What a mess.