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Gay Man Sues Hospital Over Denial of Visitation

NEW YORK (Reuters Health) - A gay man whose partner passed away at a Baltimore hospital has filed suit against that institution after he was barred access to his partner during treatment.

Bill Flanigan on Wednesday sued the University of Maryland Medical System for "negligence and intentional infliction of emotional distress," claiming that he was temporarily denied access to his partner of 5 years, Robert Daniel, after Daniel was rushed to the Medical System's Shock Trauma Center in Baltimore on October 16th, 2000, for treatment for an AIDS (news - web sites)-related complication.

Daniel died 3 days later.

(Image ABC News)

According to a statement from the Lambda Legal Defense and Education Fund, which is representing Flanigan on a pro bono basis, Flanigan asked hospital staff if he could see the patient and confer with his doctors soon after his admission to the Shock Trauma Center. However, "they told him only 'family' members were allowed to do so, and that 'partners' did not qualify," Lambda states.

"Flanigan explained he had a Durable Power of Attorney for Health Care Decisions and that he and Daniel were registered as domestic partners (in California)," Lambda reports. Nevertheless, they say, Flanigan was refused access to Daniel or his doctors, as well as information on his partner's condition, until Daniel's sister and mother arrived 4 hours later.

At that point Flanigan was allowed access to the patient, but he had lapsed into unconsciousness, from which he did not recover.

In a statement issued Wednesday, the University of Maryland Medical Center writes: "We have not been served with any lawsuit, and we cannot respond to the specific allegations." They note however, that "according to (Maryland) state law, someone who says he is a guardian or has power of attorney for healthcare must present documentation of those wishes. Otherwise, we rely on family members."

The case highlights the struggle of the same-sex partners of hospitalized patients to be recognized as "family," according to Lambda Legal.

"When the government won't let you marry, not even protecting yourself through legal documents will guarantee that the person closest to you will be allowed to be by your side during times of crisis," explained Lamba Legal's David Buckel.

His group believes that the University of Maryland Medical System also violated national hospital accreditation standards, which they say "define 'family' as the person who plays 'a significant role in the individual's life,"' including a person "not legally related to the individual."