Thread: FL-Jury Sides With Florida Hospital That Deported Immigrant

Hi, this is my first post but I've been lurking here so some time. I applaud the ruling on this case but unfortunately this hospital's actions are not the norm amongst medical facilities.

I'm a pediatric RN in California, and I've seen firsthand the deleterious effects of illegal immigration, specifically the so-called anchor babies. I work in a specialized area of pediatrics, and I'm not lying when I say that sometimes our patient census reaches 50-70% illegals or anchor babies born to illegal parents. An inpatient stay at our unit can easily run to hundreds of thousands to millions of dollars; these are costs incurred through ICU/ stepdown care, ancillary services like PT/ OT, and medications, just to name a few. Furthermore, once the patients are discharged home, they continue to be eligible for social services, free outpatient follow-up care and medications. The strains on California's budget are not so surprising to me and my fellow co-workers because we often debate amongst ourselves about how the state is paying for all these patients.

As if free medical care and welfare eligibility isn't enough, some of these families are often not grateful to our generosity. I've seen social workers go out of their ways to milk additional benefits for these families and patients, only to have these entitled people demand for more and more. During their inpatient stays, sometimes these families would steal from the hospital, things like baby blankets, formula, and toys. One time I even saw someone walk off with an O2 tank, I'm not kidding you!

Let me say that as a LEGAL immigrant to this country, I'm appalled that illegal immigration continues to be condoned and supported by our great country. My family and I immigrated here in the '80s when I was nine years old, and we always felt it appropriate to adapt to the cultures and language of this country. My late mother worked two jobs while attending adult ESL classes, for example, and we all became citizens as soon as was possible. One of the proudest days was when we became officially Americans.

The point here is legal immigration. I often get into heated arguments with friends who contend that I'm being hypocritical when I simply relay facts pertaining to illegal immigration in California. I think Americans have to be personally affected in economic ways i.e. pay cuts, in order to be proactive on this issue. Unfortunately, as someone who works for the UC health systems, I and many other RNs and medical personnel will be feeling the economic pinch ourselves. UC is planning an 8% pay cut for us RNs because UC's budget is so impacted from the California budget fiasco.

Great news - but what about illegals in this country, like in California getting Kidney transplants, and dialysis at Taxpaper expense?

If this awful health care bills passes we will be bankrupt unless they check citizenship and deport illegals sponging off the taxpayer by using high cost medical care.

The lawsuit filed by Jimenez's cousin and legal guardian sought nearly $1 million to cover the estimated lifetime costs of Jimenez's care in Guatemala. It also asked for damages from the hospital for "unlawfully detaining" him and punitive damages to discourage other medical centers from taking similar action.

Really?!? I mean REALLY?!? It’s bad enough we’re having to pay for illegal aliens while they’re here, now we should have to pay for them when they’re back in their own country. Please stop the planet, I want to get off.

Martin Memorial put Jimenez on a $30,000 charter flight home early on July 10, 2003.

Somehow I doubt he would have gotten better care in Guatemala. It’s a shame that tax payer dollars had to spend all that money caring for someone who shouldn’t have been here in the first place.

Jimenez had been released from the Guatemalan hospital and was living with his 73-year-old mother in a one-room home in the mountainous state of Huehuetenango — a steep hike from the village center and 12 hours from the Guatemalan capital.

People all around the world have to care for family members. By the way, I’m also 12 hours from my countries capital. Deal with it.

Welcome to Alipac jen80! Glad to see someone that works on the inside so we can get as much information as possible regarding the deterioration of the nations hospitals.

Gaspar initially supported the return but grew concerned after it became unclear where Jimenez would receive care in Guatemala.

Well why the crap didn't he sue Guatemala? What happens in Guatemala is really not our problem.
Welcome, jen80! And if you have any good ideas how to solve this problem, post away. Too many times I have had to take my elderly mom down to the emergency room for various problems, and even though paramedics have taken her there, she sits in the lobby because there are no beds available. Meanwhile, the doors of the ER open and out march loads of people that don't speak English.

6-0...

Shutout. Nice to see the system working correctly. See? YES WE CAN!

Welcome jen80!

I too would like to thank you for your candid commentary. You are among friends!

USA TODAY

Jury sides with hospital that deported illegal alien

Posted 12m ago

MIAMI (AP) — 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.
Deputy Court Clerk Carol Harper said the unanimous 6-member jury found in favor of the hospital and against the guardian of 37-year-old Luis Jimenez, a Mayan Indian from Guatemala.

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.

"Hospitals are not intended to become long-term housing," said Linda Quick, president of the South Florida Hospital & Healthcare Association. "The issue is that there are no long-term providers required to take people for whom they know they are not going to be paid."

She said that as a result of the case, hospitals will likely begin planning for discharge as soon as they admit patients they suspect cannot pay and could require long-term care.

The lawsuit filed by Jimenez's cousin and legal guardian sought nearly $1 million to cover the estimated lifetime costs of Jimenez's care in Guatemala, as well as damages.

The hospital said it was merely following a court order — which was being appealed at the time — and that Jimenez wanted to go home.

Gaspar's attorney Bill King said he was extremely disappointed with the ruling and was reviewing all options including whether to appeal.

"There is no doubt that the state government and the federal government has to address the situation," he said. "They can't let something like this happen again."

Martin Memorial Medical Center's CEO and president Mark E. Robitaille said in a statement the hospital was pleased with the ruling.

"We have maintained all along that we acted correctly and, most importantly, in the best interests of Mr. Jimenez," Robitaille said.

But he agreed lawmakers must step in to ensure hospitals are not put in the same position in the future.

"This is not simply an issue facing Martin Memorial. It is a critical dilemma facing health care providers across Florida and across the United States," he added.

Robitaille, who was not yet head of the hospital when Jimenez was send back to Guatemala, said he was concerned that none of the health care reform proposals being debated in Congress address the issue.

Like millions of others, Jimenez came to the United States to work as a day laborer, sending money home to his family. In 2000, a drunk driver crashed into a van he was riding in, leaving him a paraplegic with the cognitive ability of a fourth grader. The man who caused the accident — which killed two people — was driving a stolen van. An insurance policy ended up paying a total of $30,000 in compensation to Jimenez and the families of the three other victims.

Jimenez's cousin, Montejo Gaspar, was named his legal guardian because of his brain injury.

Under federal law, hospitals that receive Medicare reimbursements are required to provide emergency care to all patients regardless of their ability to pay and must provide an acceptable discharge plan once the patient is stabilized. But the hospital couldn't find anyone to take Jimenez. Eventually, backed by a letter from the Guatemalan government, the hospital got a Florida judge to OK the transfer to a facility in that country.

Fearing the Guatemalan letter held an empty promise, Gaspar appealed. But without telling Jimenez's family — and the day after Gaspar filed an emergency request to stop the move — Martin Memorial put Jimenez on a $30,000 charter flight home early on July 10, 2003.

Gaspar eventually won his appeal, with the court ruling a state judge doesn't have the power to decide immigration cases and that Jimenez should not have been sent back. By then, Jimenez had been released from the Guatemalan hospital and was living with his 73-year-old mother in her remote one-room home in the mountainous state of Huehuetenango.

King said he believed some good had come from bringing both the initial appeal and the most recent case.

"We've shown that state judges cannot authorize what is tantamount to private deportation of undocumented immigrants, and that hospitals have to follow the federal requirements that are in place for the discharge of all people, including undocumented immigrants," he said.
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Jury Sides With Florida Hospital That Deported Immigrant

He isn't an "immigrant".

He is an ILLEGAL ALIEN.

Jury in favor of Martin Memorial in immigrant deportation case

http://www.tcpalm.com/news/2009/jul/27/ ... rtation-c/

By Melissa E. Holsman (Contact)

Originally published 02:27 p.m., July 27, 2009
Updated 03:51 p.m., July 27, 2009


STUART — A few minutes after arriving to court Monday, the jury deliberating the false imprisonment case against Martin Memorial Medical Center delivered a verdict in favor of the hospital.

Jury foreman William Phillips, of Jensen Beach, later said when the three-woman, three-man panel began deliberating Thursday, the vote was evenly split.

“At that point we were truly deadlocked,â€