Jury backs hospital in deportation case

Earlier this month we mentioned the trial of Luis Alberto Jimenez, a brain damaged man who had been deported privately by a Florida hospital where he was a patient. His family sued Martin Memorial Medical Center (MMMC) on the grounds that he was unlawfully deported against their wishes and that he has been unable to get the specialized care he needs in Guatemala. On the other hand, attorneys for the hospital argued that MMMC had the right to arrange for the deportation since the hospital was paying too much money for Jimenez’ stay.

This week a federal jury rendered their verdict in favor of the medical clinic:

A hospital that 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 found Monday…

Health care and immigration experts across the country have closely watched the court case in the sleepy, coastal town of Stuart. The hospital had cared for Jimenez, who was uninsured, for three years. But it was unable to find any nursing home to take him permanently because his immigration status meant the government would not reimburse his care.

The Jimenez case highlighted the shortcomings of both the immigration and health care systems in the U.S. Jimenez was stuck between a rock and a hard place since his family couldn’t afford to pay for his long-term upkeep and he wasn’t eligible for public health care due to his undocumented status. MMMC was also in a bind since they helped pay for most of Jimenez’ three-year stay there though the $1.5 million in bills was too much for the small hospital.

Despite the jury’s verdict the trial had no clear winners. Sadly, the one most hurt by the decision was Jimenez himself who is said to be living in a remote Guatemalan village with almost no medical care.

Image-AP (“In this July 13, 2003 file photo, Luis Alberto (Jimenez), rests in the Orthopedic General Hospital following his deportation from Florida to Guatemala, in Guatemala City.”)
Online Sources- The Latin Americanist, Washington Post, Miami Herald