Posted on 05/06/2004 2:45:35 PM PDT by Onelifetogive
A federal court ruled yesterday a Florida hospital that provided over $2 million in care to an injured illegal alien was wrong to send him back to Guatemala, which means the man could possibly travel back to the U.S. for additional medical treatment.
Yesterday's action by the 4th District Court of Appeals reverses a June court order by Circuit Judge John E. Fennelly that authorized Martin Memorial Medical Center in Stuart, Fla., to charter a jet to fly brain-damaged Luis Alberto Jimenez to a hospital in his home country of Guatemala.
According to a report in the Stuart News, the appeals court unanimously found Fennelly had no authority to authorize Jimenez's return to Guatemala. It also concluded hospital officials failed to present "competent substantial evidence" to support Jimenez's discharge.
Now, Jimenez's family is hoping he can be returned to the U.S. for further treatment and are considering suing the small hospital.
Jimenez suffered brain injuries in a 2000 car wreck and spent two years at Martin Memorial, racking up more than $2 million in unpaid medical bills.
Word of yesterday's ruling was relayed to Jimenez in Guatemala by his court-appointed guardian and cousin by marriage, Montejo Gaspar Montejo.
Attorney Michael Banks told the paper the family will "hopefully try and bring Luis Jimenez back so he can get the proper treatment that he needs."
According to the report, Jimenez spent less than two weeks at the Guatemalan hospital before he was discharged because he couldn't pay his bill. The 32-year-old now stays at his mother's home in Guatemala.
Martin Memorial spokesman Miguel Coty said the hospital was weighing its options.
"We respectfully disagree with the court's decision and we will be looking to review this and analyze it to determine our next step," he is quoted as saying.
Gregory Schell of the Migrant Farmworkers Justice Project hailed the ruling.
"The court agreed with us that this was totally improper: That the proof offered by the hospital was unreliable and ... was no basis for them concluding that he'd be better off in Guatemala," Schell told the Stuart paper.
"The so-called discharge plan they had didn't comply with federal Medicare regulations, and that the court had no authority to essentially make itself Border Patrol – which is what it did."
Schell lamented the fact Guatemala was not providing "free" health care to Jimenez like he received in the U.S.
"He's not getting medicine ... his condition is deteriorating," Schell said. "There is medicine available, but they don't have any money to buy it. There is no free health care in Guatemala."
The activist predicts if the family sues the hospital for transporting Jimenez back to Guatemala, damages would "outstrip anything that they saved by sending this guy home."
Schell's organization is currently considering how Jimenez, who has the mental capacity of a child, might be returned to the United States.
The Federation for American Immigration Reform strongly disagreed with the ruling.
"It makes no sense to be providing beyond-emergency medical care to people who do not belong in the country after the point at which their medical condition is stabilized," Jack Martin, special projects director for FAIR, told WorldNetDaily.
"It doesn't make any sense to expect the American taxpayer to continue to pick up the tab for treatment for someone who doesn't belong in the country. That should be the responsibility of the person's own government, rather than ours."
Martin said his organization is opposed to any effort to bring Jimenez back to the U.S., noting, "He didn't belong in the country in the first place."
Jimenez suffered brain injuries in a 2000 car wreck and spent two years at Martin Memorial, racking up more than $2 million in unpaid medical bills.
According to the report, Jimenez spent less than two weeks at the Guatemalan hospital before he was discharged because he couldn't pay his bill.
Amazing. I never thought I would wish we were more like Guatemala.
There is no free health care in the US either because somebody ends up paying for it. If a freeloading illegal alien lawbreaker doesn't pay for his own health care, then the American taxpayer ends up paying for his health care.
Because Bush looks so Presidential while he's inviting illegal aliens to cross the borders, in record numbers, to rip-off the U.S. Taxpayers?
What is even more galling is that he is receiving special treatment NOT in spite of the fact that he is a criminal, but BECAUSE he is a criminal. There are likely tens of thousands of Guatemalans who could benefit from "free" American healthcare, but they are not being brought here to get it, only this guy. Why him and not the others..........What is the difference??? He broke our laws to come here illegally, the others didn't. He gets rewarded.....
I know of a local elderly couple who recently lost their home due to unpaid medical bills. Apparently they weren't eligible for any assistance, despite being citizens and having paid in many thousands of $ in taxes over the years, because they owned property. I kept thinking of them when I was reading this article.
Have you read Ann Coulter's "Treason"?
Hummm, you make an excellent point, I am not sure the court has the authority to demand he be admitted back into the U.S. To do so would be a violation of federal law, as he has no legal status or entitlement to reenter nor is the court empowered to regulate the entry of aliens. This individual would be excludable at entry under several existing legal grounds and would not be eligible to receive an automatic waver.
Under the separation of powers, the executive branch (DHS) has broad authority to regulate the entry of aliens. The judiciary has no authority to issue documents or to demand that the INS parole this individual into the US on humanitarian grounds.
I disagree as I think this guy will get the red carpet treatment. This is a highly publicized case and every nurse who takes care of him will be subject to a court appearance. There will be no mistakes.
I don't see how his condition could deteriorate in another country. Probably all he needs is someone to turn him every 2 hours to prevent bed sores which doesn't require a nurse. Family members can do this if they really care about the person.
Guatemala has more sense than the US does.
This is a lie. Someone is paying his bills, it just ain't him.
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