Fla. hospital defends secretly deporting patient

[Tab]

Source: Associated Press

STUART, Fla. – All sides agree on one thing in the strange case of a South Florida hospital that secretly repatriated a seriously brain injured patient back to Guatemala.

During the early hours of a steamy July 2003 morning, Martin Memorial Medical Center chartered a private plane and sent 37-year-old Luis Jimenez back to the Central American country without telling his relatives in the U.S. or Guatemala — even as his cousin and legal guardian, Montejo Gaspar, frantically sought to stop the move.

There, things get murky. Gaspar is suing the hospital for essentially deporting Jimenez, who was an illegal immigrant. The hospital, which spent more than $1.5 million on his care over three years, says Jimenez wanted to go home.

Underlying the dispute is the broader question of what's a hospital to do with a patient who requires long-term care, is unable to pay and doesn't qualify for federal or state aid because of his immigration status. Health care and immigration experts across the country are watching the case, which could go to a jury Thursday, and which could set precedent in Florida and possibly beyond. Lawyers for Jimenez said this appears to be the first time a lawsuit has been filed in such a case.

In closing arguments Thursday, Jack Hill, Gaspar's attorney, said the hospital wanted to send Jimenez back before the case could get on track for appeals.

"The plan was designed once and for all to stop the meter from running, to stop the expenses ... to stop the case from going all the way up to the Supreme Court — because Luis Jimenez was gone," Hill said.

The case also raises the question of whether a hospital and a state court can decide on their own to deport someone.

Read more: http://news.yahoo.com/s/ap/20090723/ap_on_re_us/us_hospital_deportation

[sasquatch]

1. If he was Cuban they would move heaven and earth for the guy

[imdjh]

5. If he were Cuban he would be a legal resident alien or the situation wouldn't have arisen.

This person was damaged by a drunk driver in the US. Curiously, the article doesn't explain why the insurance company of the drunk driver isn't paying the medical bills, but that's another kettle of fish perhaps.

He was damaged by a drunk driver. That means he was already in the US. If he were a Cuban and already in the US then he would be automatically entitled to asylum and be a legal resident alien.

As a Guatemalan illegally in the country, he is considered an economic refugee and the US does not grant asylum to economic refugees. The Guatemalan health care system, the one which is supposed to care for Guatemalans, accepted his transfer.

[sharp_stick]

7. Insurance doesn't pay out if you drive drunk

the driver himself is responsible for all debts resulting from his action while driving drunk. Hopefully the prick driver was financially ruined by his actions.

[barbtries]

9. you're wrong about that

my daughter was killed by a drunk and the insurance paid. a LOT.

[sharp_stick]

10. I stand corrected

don't know where I heard they didn't, probably just an old memory going faulty.

on edit: I'm terribly sorry you had to find that out first hand. I despise drunks behind the wheel.

[barbtries]

11. thank you

me too.

[imdjh]

12. You "heard" it because your insurance company told you that.

It's in the paperwork, "We don't be responsible for damage done when under the influence, etc...." I suppose they can refuse to pay the insured for the damage to his car.

[AlphaCentauri]

8. probably he would be deported to the street or let die in the emergency room

like many others for not having money.

[ixion]

2. "the running meter"

is all hospitals care about. If the patient has money to drain, or insurance to usurp, they can't run that meter fast enough.

[Downwinder]

4. They are experts on wallet biopsies. n/t

[WriteDown]

13. This is one HECK of a meter....

Geez.....Gaspar is suing the hospital for essentially deporting Jimenez, who was an illegal immigrant. The hospital, which spent more than $1.5 million on his care over three years, says Jimenez wanted to go home.

[Akoto]

3. Jesus, my mom was treated there post-heart attack ...

We had no insurance and they still gave her wonderful care. Granted, the bills after the fact were a problem, but they were negotiated down with the help of a law-minded friend.

This certainly changes my mind about that place! What a terrible thing to have done to the patient, and to his family.

[imdjh]

6. Where is the secret part? They got a judge's permission and permission from the Guatemalan NHS

[Scurrilous]

14. Jury in favor of hospital that deported immigrant

<snip>

"A South Florida hospital that quietly chartered a plane and sent a seriously brain injured illegal immigrant back to Guatemala over the objections of his family and legal guardian did not act unreasonably, a jury ruled Monday.

Health care and immigration experts across the country have closely watched the court case in the sleepy coastal town of Stuart. They say it underscores the dilemma facing hospitals with patients who require long-term care, are unable to pay and don't qualify for federal or state aid because of their immigration status.

Deputy Court Clerk Carol Harper said the unanimous 6-member jury found in favor of the hospital.

Jack Hill, an attorney for the legal guardian of 37-year-old Luis Jimenez, would not immediately comment on the verdict."

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