"We're anti-gay" trumps medical power of attorney

[jadine]

Despite a valid medical power of attorney document, a hospital in Miami refuses to let a lesbian and her children see their dying partner and mother because this is "an antigay city and state", and refuses to accept information about the patient's medical history. She sues; District Court dismisses the case.

Details from Lambda LegalPlease

Comments

It is getting disseminated

[galen1]

Over at Democratic Underground, we've been watching the case. We've even put up the contact info for the hospital. I guarantee you they've gotten quite a few calls from my fellow DU'ers.

In my opinion, this was a hate crime.

[flwyd]

From what I've heard about Miami, "anti-gay city" is a woefully inaccurate epithet. Miami may well be the gayest thing south of the Mason-Dixon line.

[irrationalrobot]

Miami Herald link.

The hospital's position seems to be:
1. The hospital is not required to admit any visitors to the trauma ward whatsoever
2. The social worker never made the comment that "Florida is an anti-gay state"
3. Vague comments about a 90 year tradition of inclusion
4. "Jackson will continue to work with the gay, lesbian, bisexual and transgender community to ensure that everyone knows they are welcome at all of our facilities, where they will receive the highest quality of medical care"

The court agreed that the hospital has the right to exclude people from the trauma ward irrespective of familial status (although I find it suspicious that there isn't a link to the ruling anywhere).

The comments at Box Turtle Bulletin are interesting (insofar as anecdotal evidence is), and seem to indicate that Jackson Memorial has done this sort of thing before (this sort of thing vaguely defined as treating homosexuals rudely and unfairly).

The hospital's position is here, and doesn't contain much that wasn't already in the Miami