Appeals court: Same-sex partner can't sue for malpractice

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alonzomourning23

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NEW YORK -- A divided state appeals court ruled Thursday that a Vermont man cannot sue a Manhattan hospital for malpractice in the death of his longtime partner, saying it could not provide a "judicial imprimatur" for same-sex marriages.

The court overturned a Long Island judge's 2003 decision that John Langan could sue St. Vincent's Hospital in Manhattan for alleged malpractice in the death of Neil Conrad Spicehandler.

The Appellate Division, in a 3-2 vote, decided that Langan had no standing to sue the hospital despite the couple's 2000 civil union in Vermont. Attorneys for Langan claimed the civil union gave him standing as a spouse to sue the hospital under New York law.

"Any contrary decision, no matter how circumscribed, will be taken as judicial imprimatur of same-sex marriages and would constitute a usurpation of powers expressly reserved by our Constitution to the Legislature," the court ruled.

Adam Aronson, the attorney for Langan, criticized the decision and said he would discuss a possible appeal with his client.

"If this decision is allowed to stand, same sex couples will be denied the very significant and important protections that all married heterosexual spouses can get," said Aronson. "And they will be denied those protections for no reason other than the fact they are gay."

Gay rights advocates had said a decision for Langan might have cleared the way for New York to recognize same-sex marriages from Massachusetts or countries like Canada and Belgium.

Spicehandler, 41, died at St. Vincent's after he was struck by a car in midtown Manhattan. In his lawsuit, Langan charged that errors in treatment led to Spicehandler's death from an embolism _ a blockage caused by a blood clot.

Spicehandler and Langan were partners for 15 years, sharing a "close, loving, committed, monogamous relationship as a family unit in a manner indistinguishable from any traditional marital relationship," the court wrote.

Despite those factors, the ruling said, Langan was legally unable to sue St. Vincent's. Neither Spicehandler, upon admittance to the hospital, or Langan, in filing probate papers, ever indicated they were married, the court said.

"This court is being asked to create a relationship never intended by the state of Vermont in creating civil unions," the 21-page decision said.

Calls for comment on the decision were not returned by a hospital spokeswoman or the Manhattan facility's attorney. Aronson said this was not the end of this case.

"We certainly regard the decision as very clearly wrong," said Aronson. "One way or another, I feel confident that this is not the final word, whether through an appeal on this case or another."
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http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--gayspouse-appeal1013oct13,0,4320942.story?coll=ny-region-apnewyork

I feel like dusting off my canadian visa again.
 
As of right now, this is mainly a state issue. Had he tried to sue in vermont, I'd be more upset. But New York doesn't have to honor Vermont's law regarding marriage and legal guardians. If there was a constitutional ammendment guaranteeing rights for homosexuals, then I would oppose this ruling.
 
I agree with the court's decision as well. The real issue at hand was whether he had standing to sue. Legally, he did not. Any other decision would have been this "Judicial Activism". I actually appreciate judges making rulings in line with the law.

That's not to say the law shouldn't be changed, but it's not up to the courts.
 
The decision should have been 5-0. No state recognnizes Vermont's "civil unions" as a legally standing/binding contract besides Vermont.

You want to know what an activist judge is? The 2 dissenters. No such law on the books, no official recognition, no statute or precedent to cite in state court, no direction given from the legislature and/or chief executive. However they felt they could create law where none existed.
 
I hate the state of gay rights in this country, but I can't blame the judges. Their job is to interpret the laws and they are pretty clear. He should invest the money he's spending on the lawyer in lobbying the state legislature.
 
[quote name='PittsburghAfterDark']You want to know what an activist judge is? The 2 dissenters. No such law on the books, no official recognition, no statute or precedent to cite in state court, no direction given from the legislature and/or chief executive. However they felt they could create law where none existed.[/QUOTE]

What about the law that forces states to recognize such state documents as driver's licenses, marriage licenses and certificates as well as other out of state licenses?
 
[quote name='capitalist_mao']What about the law that forces states to recognize such state documents as driver's licenses, marriage licenses and certificates as well as other out of state licenses?[/QUOTE]

I was under the impression that by calling it a "civil union" and not "marriage," there is no obligation to respect it in other states. In addition to that, some states (such as my own) have constitutional amendments that strictly state that they will not recognize same sex marriages if they are legalized in another state.

When the actual term "marriage" is granted to same sex couples entering a union, I expect to cases where the judges will have to make a call. This is why a lot of gay activists refuse to accept politicians' offers of "civil unions."
 
[quote name='capitalist_mao']What about the law that forces states to recognize such state documents as driver's licenses, marriage licenses and certificates as well as other out of state licenses?[/QUOTE]

There are numerous examples where this does not apply. States do not recognize lawyers that have passed the bar in other states, gun registrations and carry permits are not recognized across state lines, professional licenses for insurance sales and financial planning are not recognized, real estate licenses ditto, teaching certificates etc etc etc. There are numerous documents, licenses and legal standings issued in one state that have no grounds once you cross a border.
 
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