You missed the entire point. The hospital didn't discharge him to Guatemala, their hospital isn't located in Guatemala. They
deported him.
However, under federal law, Martin Memorial was required to care for Jimenez until someone else would take him. Because of his immigration status, no one else would.
Because of his brain injury, his cousin Montejo Gaspar was made his legal guardian.
True they were obligated to take care of him, but instead of going behind the scenes and secretly deporting him without his family knowledge the hospital should have petitioned the court system to have Mr. Gaspar be responsible for his medical care and to have him released into his care. I don't understand how Gaspar could be his legal guardian but not be responsible for him. I'm not 100% sure on this but it seems that the need for a court order to discharge him was needed because he was mentally handicapped, not based on his immigration status; which if accurate wouldn't be ridiculous. Maybe one of our legal eagles can explain better? Yea the court system in this country sucks. It can take a long time and cost you alot of money, but its the legal way to do things. Instead they somehow convinced a state court (not its jurisdiction) to somehow approve a back door deportation.
In 2004, an appeals court ruled the lower court had overstepped its authority, and that the hospital did not have the right to return Jimenez to Guatemala.
Before sending them to the jury room Thursday, Martin County Senior Judge James Midelis told jurors that the appeals court had already decided that Jimenez was "unlawfully detained and deprived of liberty." Midelis said the jury's task was to decide whether the hospital's actions were "unreasonable and unwarranted under the circumstances," and whether its actions had in turn caused Jimenez damage.
Machaud said the hospital was simply following a judge's order at the time.
Granted the lower court Judge is partly responsible for this mess because he / she doesn't know his law but its the hospitals lawyers that decided to go this route and now they are paying for it. They tried an illegal legal maneuver and got slapped for it.
Yep, look how terribly people without insurance get treated! They get over 1.5 million dollars of care, free lawyers to keep them in the hospital and a $30,000 plan ride home!
LoL Yep, that's how all illegals get treated all the time, didn't ya know!? It's not like this is an atypical case or anything . . .