Thursday, July 9, 2009

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

2 comments:

Anonymous said...

Maybe his family should pay for the medical care he received instead of hiring a lawyer. He received first class medical care for 3 years at the hospitals expense. Ran up a bill for $1.5 Million. If it was not for this care, given freely even though Mr Jimenez was not even entitled to be in the country, he would be dead. His life was saved by the compassion of Americans even though he broke the law. Instead of being thankfull for being alive, his family is sueing the hospital that saved his life. Maybe they need to learn a new word in english, Gratitude.

Jan said...

You're welcome, Mr. Jimenez.
Oh, wait, there was no "thank you" to the United States, the American taxpayers or the hospital for the $1.5 million care he received at no cost now was there?
Suing for damages? Are you kidding me? The jury made the right decision in finding that the hospital did not act improperly when it deported Mr. Jimenez.