Guatemalan native sues Florida hospital for sending him home
Thursday, July 23, 2009 at 12:15PM The Associated Press published a story today I covered in June, 2008, about a native of Guatemala who was injured in the US. A drunk driver hit the undocumented worker who had come to the US for a job. The wire service says the man was deported secretly, but then adds: "even as his cousin and legal guardian, Montejo Gaspar, frantically sought to stop the move." If it was done in secret, how did his cousin and legal guardian know? Florida newspapers also covered the story.
In 2008, Florida hospital administrator Carol Plato testified about costs incurred by her hospital after treating people who were in the US illegally. Her testimony before the Florida House Committee on State Affairs about costs incurred by a hospital in Martin County, an area near the glitz and glam of West Palm Beach,was pretty earth-shattering.
She talked about one patient, a Guatemalan here illegally who stayed in the hospital from 2001-2003. Total for his healthcare services: $1.5 million. The hospital finally managed to return the patient to Guatemala. Total cost: $30,000. And at the time of her testimony, the patient’s family was suing the hospital, with approximately $250,000 spent by the hospital on legal fees. Can you sue somebody for a service you didn’t pay for? In the U.S., where there’s a will there’s a lawyer.
The tragedy for this man and his family is indisputable. The neglect of our Congress and presidents past and present to address the lack of security on our nation's borders is inexcusable.
Floridians will pay either way--for the care necessary for the patient, for the lawyer who will profit handsomely if he wins the case and for the man who came to our country by breaking federal law.
The hospital was forced to act because the federal government did not act.
USA Today (Jan. 21) cited a Pew poll as follows: “The Pew Hispanic Center estimates that 59% of the nation's illegal immigrants are uninsured, compared with 25% of legal immigrants and 14% of U.S. citizens. Illegal immigrants represent about 15% of the nation's 47 million uninsured people — and about 30% of the increase since 1980.”
Having experienced a long-term care situation with a loved one, I can tell you had this man been a citizen, the same actions would have occurred. The hospital would have been forced to find a means of discharge because hospitals are not set up for long term care.
In my opinion, American politicians from both parties have enabled unbridled off-the-record immigration in a virtual establishment of modern slavery. Human traffickers have a field day and drug cartels can put contacts in place to transport weapons and drugs. Corporations get cheap labor, the political and entertainment class get cheap domestic help and the immigrants get the short end of the stick. The US taxpayer picks up the bill.
As Congress considers various healthcare reforms, Americans believe the reforms are being considered to address our concerns about the quality and cost of healthcare. That is a pipe dream in some ways. The government acknowledges millions in this country who are not documented.
Medicare and Medicaid are vulnerable to fraud and both programs are on an unsustainable fiscal path.
A viable guest worker program is needed and employers must acknowledge their role in providing benefits as they would for any other worker.
In my opinion, this is the underlying issue in the president and Congress' zeal to "reform healthcare."
And Americans should be told the truth--your own care may be reduced because providing healthcare to millions who are uneducated and unskilled does not come cheap.
As taxpayers, I believe our only option may be a class-action lawsuit. This is a problem that must be resolved or it will break the country in the long run.
Guatemalan native sues Florida hospital for sending him home
by Kay B. Day
The US Report, Jul. 23, 2009
Kay B. Day, Editor
Jury finds for hospital
The Associated Press reported: "A South Florida hospital that quietly chartered a plane and 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." READ MORE.
Reader Comments (2)
ILLEGAL IMMIGRATION IS CORPORATE WELFARE?
The injury court case of Luis Jimenez, an illegal alien from Guatemala, who was a patient at the Martin Memorial Medical Center in South Florida, will have far reaching impact, regarding mandated laws. The Emergency Medical Treatment and Active Labor Act (42 U.S.C. § 1395dd, EMTALA) is a United States Act of Congress passed in 1986. Hospital and ambulance services must impart care to anyone needing emergency treatment regardless of citizenship, legal status or ability to pay.
The only problem with this is that this federal mandated law never pays the full amount to the institution, if any? So the hospital passes it on to other patients, the insurance company, which once again the costs fall on the taxpayer. Whoever this individual was working for at the time of his accident, should be forced to pay part or all hospital services. Jimenez's lawsuit seeks nearly $1 million to cover the estimated lifetime costs of his care in Guatemala, because the hospital tried to relieve them of the financial burden.
The hospital spent more than $1.5 million on his care, over three years of treatment for his brain damage. If Washington pushes a Path to Citizenship, we can expect spiraling costs for the 20 plus million of legalized person who is already in our sovereign nation. I myself want an alternative to the corruption and greed, shown by insurance companies, which is a government run agency.
By enactment Immigration of reform, millions will demand health care, Pensions, retirement and a rush on government benefits. For those who haven't already cheated the system, will be a major catastrophe for every taxpayer. On being given a green card they can immediately sponsor their family members. Once here, they can immediately place the burden of sick, handicapped and those with mental disorders, in the hands of welfare services.
WE should then be prepared to receive millions of more illegal aliens, who have absconded from their own country, to take advantage of US taxpayers. All Americans should watch this court case carefully, because the implications are sky high taxes. Clogged health care services, education for every child and section 8 housing, along with every benefit, citizens and permanent residents have no knowledge of; will be the absolute outcome of Obama's AMNESTY. Get on the phone and tell your politician, you support THE SAVE ACT . Support for the bi-partisan SAVE Act, which will expand E-Verify and protect American jobs! Focuses on the heart of the problem-the jobs that attract illegal aliens. It would phase in a requirement for every employer to use the electronic verification system. NUMBERSUSA, AMERICANPATROL
Brittanicus, thank you for sharing that. I thought about the impact of the lawsuit, and I agree it is a key case. I don't understand why we do not expect more from Mexico. And the problems spilling across the border have certainly caused increases in crime. best, Kay