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

Trial begins over deported brain-damaged patient

The downsides to the U.S. health care system and immigration policy are being examined in the possibly illegal deportation of a patient to Central America.

Luis Alberto Jimenez suffered brain damage from a 2000 auto accident caused by a drunk driver. He became a patient at Martin Memorial Medical Center (MMMC) where he received the specialized care he required. Due to his undocumented immigrant status he was ineligible for public health care and the hospital paid most of his bills. In 2003, hospital officials arranged to have him privately deported to Guatemala. While in his native land, Jimenez has been unable to get the detailed attention he needs and he live in a remote village without medical care.

Opening arguments began this week in a lawsuit brought up by Jimenez’ relatives against MMMC execs. According to the hospital’s attorney, the costs being incurred by his stat at MMMC were too much for them to pay. In addition, Scott Michaud alleged that Jimenez became restless and depressed and yearned to return to Guatemala.

William King- the lawyer representing the plaintiffs- told a different tale:

“After treating him for three years without receiving reimbursement for the cost for his non-emergency care,” King said, “Martin Memorial Hospital in the pre-dawn hours of July 10, 2003, forcibly removed Luis Jimenez from the hospital and unlawfully deported him to Guatemala.”

His alleged forced removal, King insisted, “was carried out through an invalid and void court order procured by Martin Memorial and in the face of opposition of his guardian.”

He told the jury the move violated federal law because hospital officials “failed to have and adopt an appropriate discharge plan which would ensure Luis’ safety.”

The trial is expected to last two weeks and the jury will decide whether or not Jimenez should be paid monetary compensation for his deportation.

Image- Digital Journal
Online Sources- Miami Herald, TCPalm