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Gay man arrested at hospital


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#31    Coffey

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Posted 12 April 2013 - 11:42 AM

View PostMstrMsn, on 12 April 2013 - 04:15 AM, said:

What "freedom of choice" are you talking about?

The freedom of choice to be with who ever you want and marry whoever you want. You don't have to marry in a church, so religion should not be a part of it.

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#32    Myles

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Posted 12 April 2013 - 11:44 AM

View PostZaphod222, on 12 April 2013 - 06:05 AM, said:

According to your link, the hospital´s statement is:

"the patient`s needs are always our first priority. When anyone becomes disruptive to providing the necessary patient care, we involve our security team to help calm the situation and to protect our patients and staff. If the situation continues to escalate, we have no choice but to request police assistance"

That sounds a bit different from your description. If he was disruptive to patient care, he should be removed, period.

I kind of get the feel that this is being overblown.   There are gay people who are a$$holes just like some straight people are.   It's possible that the guy was causing an unneeded scene and needed to be removed.


#33    Moon Gazer

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Posted 12 April 2013 - 12:10 PM

Well given the fact that this is now in the media and the guy still isn't allowed in to see his partner, the hospital must be quite secure in feeling they did right to ban him.  My gut feeling on this is that he has kicked off when the family member has asked him to leave (probably quite rightly so, I would have probably done the same) and the hospital have kicked him out for distruptive behaviour.  They won't care why or who started it, but if he is the one carrying on, then it doesn't matter what the power of attourney documents say, they will kick people out for that kind of behaviour.

I don't think they kicked him out for being gay, or because the family asked for him to leave.

(and just fyi - I have many gay friends and fully support gay rights, but just feel hospital rules are in place for a reason)


#34    Ashotep

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Posted 12 April 2013 - 04:02 PM

That is just an assumption but it could of been that way.  However the article says nothing of it.  If that was what happened it looks like it would of been mentioned.

A relative can have someone banned from seeing a patient for no reason other than they don't like them especially if the patient can't speak for themselves.


#35    Myles

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Posted 12 April 2013 - 05:38 PM

View PostHilander, on 12 April 2013 - 04:02 PM, said:

That is just an assumption but it could of been that way.  However the article says nothing of it.  If that was what happened it looks like it would of been mentioned.

A relative can have someone banned from seeing a patient for no reason other than they don't like them especially if the patient can't speak for themselves.
I agree that it could have been either way.   Remember that news reports will spin this into a "gay" thing because that is the hot topic at the time.  
It frustrates me so much how I cannot even believe news sites.   The spin is horrible.   I sure wish a upstanding company would start to report the news without any other interests being involved.   MSN, CNN and the rest lean too far left.  FOX News goes against the grain, but leans too far right.


#36    OverSword

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Posted 12 April 2013 - 07:40 PM

View PostMoon Gazer, on 12 April 2013 - 12:10 PM, said:

Well given the fact that this is now in the media and the guy still isn't allowed in to see his partner, the hospital must be quite secure in feeling they did right to ban him.  My gut feeling on this is that he has kicked off when the family member has asked him to leave (probably quite rightly so, I would have probably done the same) and the hospital have kicked him out for distruptive behaviour.  They won't care why or who started it, but if he is the one carrying on, then it doesn't matter what the power of attourney documents say, they will kick people out for that kind of behaviour.

I don't think they kicked him out for being gay, or because the family asked for him to leave.

(and just fyi - I have many gay friends and fully support gay rights, but just feel hospital rules are in place for a reason)
Actually since this guy is not a blood relative and thier state does not recognize same sex marriage then one of the comatose mans relatives can have him legaly barred from visiting.  Although I would be surprised if by the time it escalated to the point that security removed him someone wasn't throwing a fit.


#37    Moon Gazer

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Posted 12 April 2013 - 09:01 PM

View PostOverSword, on 12 April 2013 - 07:40 PM, said:

Actually since this guy is not a blood relative and thier state does not recognize same sex marriage then one of the comatose mans relatives can have him legaly barred from visiting.  Although I would be surprised if by the time it escalated to the point that security removed him someone wasn't throwing a fit.

Does the power of attourney state the next of kin?  I had one for my nan but can't remember!

But if it does and he was next of kin, then it wouldn't matter what the relatives thought of him, as next of kin should be the one who the hospital listens to shouldn't it?  And if his partner trusted him to have a power of attourney, including care (which means that if he was on life support then his partner would make the decision if if it was to be turned off, they are that solid), then you would assume his partner was next of kin.  Which is why I thought disruptive behaviour must be to blame.


#38    Ashotep

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Posted 13 April 2013 - 12:08 AM

Here's an update on the story.  The police tried to remove him from the room and he held onto the bed so they beat him.  This was after words between him and his partners brother.

Gay man separated from husband in hospital was beaten and harassed


#39    Moon Gazer

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Posted 13 April 2013 - 07:52 AM

View PostHilander, on 13 April 2013 - 12:08 AM, said:

Here's an update on the story.  The police tried to remove him from the room and he held onto the bed so they beat him.  This was after words between him and his partners brother.

Gay man separated from husband in hospital was beaten and harassed

I am ALL for gay rights, but I think this is being blown out of proportion.  Ok so he ended up bleeding after the police tried to remove him, if they did indeed beat him that is obviously wrong and would need to be investigated.  But the whole aids thing?  I certainly wouldn't want to get myself covered in someone elses blood, whether they are gay or not.  And the chances of a gay man having aids would be statistically higher than a straight guy.  I think not touching blood without gloves and getting rid of the handcuffs is actually just sensible and probably something the police are told to do, to keep themselves safe.

This article clearly states that the patients brother is the next of kin, so it does not matter that the husband has power of attourney, the hospital will always listen to the next of kin.  If a medical emergency had arised where they needed to speak to someone about care of the patient, then that is when the husband should have been consulted.

Now I am not saying it was right for the brother to kick the husband out, it is obviously his own predjustice that caused him to do so.  And obviously the patient would benefit from having his loving husband there.  But legally speaking I don't think the hospital have done anything wrong.


#40    Yes_Man

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Posted 13 April 2013 - 10:07 AM

No pictures, didnt happen. Yes it seems the story has made it bigger than it really is


#41    shadowhive

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Posted 13 April 2013 - 10:10 AM

View PostMoon Gazer, on 12 April 2013 - 09:01 PM, said:

Does the power of attourney state the next of kin?  I had one for my nan but can't remember!

But if it does and he was next of kin, then it wouldn't matter what the relatives thought of him, as next of kin should be the one who the hospital listens to shouldn't it?  And if his partner trusted him to have a power of attourney, including care (which means that if he was on life support then his partner would make the decision if if it was to be turned off, they are that solid), then you would assume his partner was next of kin.  Which is why I thought disruptive behaviour must be to blame.

Since he had power of attourney which gave him the legal right to decide on his partners care it seems counter productive to that to have him removed. (After all, you can't decide on someone's care if you're thrown out.)  To me it just seems common sense to have kept his husband there. He obviously made the choice to assign him as his caregiver, which to me should instantly trump next of kin. (If he wanted his family to make his medical decisions, he'd not have bothered with power of attourney in the first place.)

View PostMoon Gazer, on 13 April 2013 - 07:52 AM, said:

I am ALL for gay rights, but I think this is being blown out of proportion.  Ok so he ended up bleeding after the police tried to remove him, if they did indeed beat him that is obviously wrong and would need to be investigated.  But the whole aids thing?  I certainly wouldn't want to get myself covered in someone elses blood, whether they are gay or not.  And the chances of a gay man having aids would be statistically higher than a straight guy.  I think not touching blood without gloves and getting rid of the handcuffs is actually just sensible and probably something the police are told to do, to keep themselves safe.

This article clearly states that the patients brother is the next of kin, so it does not matter that the husband has power of attourney, the hospital will always listen to the next of kin.  If a medical emergency had arised where they needed to speak to someone about care of the patient, then that is when the husband should have been consulted.

Now I am not saying it was right for the brother to kick the husband out, it is obviously his own predjustice that caused him to do so.  And obviously the patient would benefit from having his loving husband there.  But legally speaking I don't think the hospital have done anything wrong.

I agree that the beating needs to be investigated.

While there may be some procedure for dealing with blood, would they really have made such a big deal of it for a straight person's blood and would they have acted in such a way if that was the case? While they may be told to do somethin about it, is it really appropriate or professional for them to have mentioned it in this situation?

So power of attourney is, essentially, meaningless then? This sn't the first time a gay couple have gone through the costly process of getting legal documents to be the legal person who decides on care only for it to be ignored when the time comes.

My mother had power of attourney for my grandmother. That decided she hhad full and cmplete control of her health care (she was in a nursing home in late stage alzeimers). The power of atturney was taken out to unsure that no one else (esspecially her brother) could waltz in and make the decisions even though he was a bblood relative. Looking at this situation, it looks like it was done for similar reasons. He wanted his husband to make the decisions, not his brother. Yet in this case, his wishes (and the legality) was ignored completely. Now you could argue his wishes could be ignored if it was an emergency and his husband wasn't there and his brother was, but that clearly wasn't the case so I don't think there's any excuse for it.

Legally speaking the hospital didn't do anything wrong by kicking out the person who had the legal right to decide on the patient's care? Really?

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#42    Moon Gazer

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Posted 13 April 2013 - 02:41 PM

Wholeheartedly agree with you, the hospital was daft for kicking him out considering they would need to consult him for care...... unless......he was creating a disturbance and then they had every right to ask him to leave.

It seems a strange case as the brother is listed as next of kin, but the husband has power of attourney.  When I had POA for my nan, I was also next of kin.  The POA was a complete one that covered all finance and all care.  But I was also next of kin, so I had the complete say in everything.

In a case where a hospital is faced with two people, the next of kin will trump the POA, so if the next of kin wants the husband to leave, legally the hospital has to ask them to leave.  And if he was causing a disturbance then he would have been asked to leave even if he was next of kin.





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