WASHINGTON (AP) Supreme Court justices appeared reluctant Tuesday to allow the family of an illegal immigrant to sue U.S. government doctors personally for claims of shockingly poor medical care.
The federal government has admitted negligence in doctors' poor treatment of Francisco Castaneda, 36, a native of El Salvador who died after his untreated penile cancer spread to the rest of his body. But the government's attorneys insist the doctors are immune from personal liability. A U.S. District Court in California and the 9th U.S. Circuit Court of Appeals disagreed.
At the high court, however, Conal Doyle, an attorney for Castaneda's survivors, seemed unable to convince the justices that the doctors are not protected from personal damage suits if they violated Castaneda's constitutional rights.
Justice Stephen Breyer expressed skepticism about parts of Doyle's arguments. In cases like Castaneda's, Congress decided suing the federal government is the exclusive remedy, he said.
"That's the problem for you in this case," Breyer said.
Attorneys for the doctors and the federal government said Congress in a 1970 law gave immunity to Public Health Service doctors who treat immigrants in detention.
Under that law, Castaneda's survivors can only sue the federal government, under the Federal Tort Claims Act, which bars jury trials and punitive damages and limits economic damages to those allowed under state law. If they sued in California, Castaneda's wife and daughter could be limited to about $ 250,000 in damages.
A lawsuit against the doctors personally would not be so restricted.
"This is not a case where there is no other relief," said Justice Samuel Alito.
Doyle insisted subsequent laws have curtailed some of the immunity given the government doctors.
But Justice Anthony Kennedy said immunity clauses are intended to make employees secure against both foreseen and unforeseen circumstances.
"If we limit it (the immunity), then Congress would have to re-enact a statute every time there was some new cause of action?" Kennedy asked Elaine Goldenberg, the doctors' attorney.
The gruesome details of Castaneda's poor treatment, which the district court described as "conduct that transcends negligence by miles," were not discussed by the high court.
According to his attorneys, Castaneda was never given a biopsy to diagnose the lesions on his penis that bled and festered. He was treated with ibuprofen, antihistamines and antibiotics and was given extra boxer shorts while in detention. His penis later was amputated but by then the cancer had spread and he died.
http://www2.wjtv.com/jtv/ap_exchange/special_-_medical/article/UsHighCourtWaryOfDetaineeMedicalCareSuitUs/109125/
How come these same illegals are not in Mexico filing any lawsuits over the state of affairs of the country ? Do illegals believe file lawsuits hoping to get thousands of dollars ? Could I file a lawsuit like this in Mexico ?
Barry be my bit-h
They should receive the same benefits they get when the flee their home countries with sonic speed.
mizzshopper
No and even if they were legal, they should be ever so grateful we're helping their little butts. But since they're here illegally, they don't even deserve medical care. They deserve to be deported.
Foghorn
That is not the only case I have seen that makes my blood boil. Look at this one here.
http://www.youtube.com/watch?v=3gAYUfrF0Lw&feature=player_embedded
There are a lot more lawsuits then that too.
http://www.washingtontimes.com/news/2009/feb/09/16-illegals-sue-arizona-rancher/
There are just so many that I can write a book.
http://illegalaliennewsupdate.com/archives/7537
illegalaliensnewsupdate.com is awesome. They give you the latest news on illegal aliens.
anne 1
It's a sad case, but I am sure due to cost and the pure numbers of illegal in custody it;s hard to not miss one or two cases who do not get the proper care. I would like to know if the family are here illegally as well, I also wonder what kind of care he would have received in Mexico
Joel W
We should suspend all medical aid immediately and avoid penalties to the American Taxpayers.
HellRaiser
They should be grateful that they even had the chance to see a Doctor.
Idealist
they are grasping at straws......
you make a valid point as to why the mexicans are not demanding change in their country.....
but are you aware that alot of the lawsuits filed are by liberals.....perhaps now you understand why our major corporations went offshore.......makes sense now does it not.
the crow
Criminals filing lawsuits. Is this what our country is coming to. Illegal criminals keep being treated like citizens. If they want treated, staying their own country. Who cares if an illegal dies because of no care.
Orignal From: Should illegals be filing lawsuits because they are unhappy with medical services when it's all free?
Post a Comment