KPtoys
I'm getting old
Member since 5/05 8688 total posts
Name:
Karen
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Frivolous Lawsuit or Legit??
LOS ANGELES -- A Salvadoran man with terminal cancer is suing the government, claiming he was denied proper medical treatment when he was detained at an immigration facility.
Francisco Castaneda, who is facing deportation, filed suit in federal court Wednesday, accusing federal and state agencies of providing negligent medical care.
Castaneda, 35, claims the cancer wouldn't have reached the terminal stage if he'd received proper treatment. His penis was amputated after he was freed from federal custody in February and he's undergoing chemotherapy.
According to his lawsuit, a doctor first noticed a growth on his penis in December 2005 while Castaneda was in state prison.
After being released, he was transferred to Immigration and Customers Enforcement custody.
There, he repeatedly sought treatment from medical staff while detained for 10 months, but recommended examinations were never done, the suit claims.
After a biopsy was recommended, a supervising doctor said it was an elective procedure and would not be provided, the suit said. Other physicians or officials at agency headquarters also refused recommendations for a biopsy or surgery.
"Government officials imposed a death sentence on Mr. Castaneda, without benefit of judge or jury, by their failure to provide a simple and inexpensive diagnostic procedure to rule out a life-threatening disease," said his attorney, Conal Doyle.
A doctor finally ordered a biopsy in late January this year, saying Castaneda likely had cancer, but ICE decided to release him 11 days later instead, according to the suit.
ICE spokeswoman Virginia Kice said she couldn't comment on Castaneda's case, but added, "We take the health and welfare of those in our custody very seriously."
Castaneda eventually had a biopsy and surgery at a Los Angeles County hospital, but the cancer has continued to spread.
While his attorneys said they couldn't explain why Castaneda was freed, the suit speculates the government wanted to avoid paying for the biopsy.
Thoughts?
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
Name:
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Re: Frivolous Lawsuit or Legit??
 hard for me to say...
he was here illegally. he never paid 1 cent in taxes or had medical insurance, yet he expected medical care.
on the other hand, I feel really bad for him. that's just horrible!! 
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KPtoys
I'm getting old
Member since 5/05 8688 total posts
Name:
Karen
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Re: Frivolous Lawsuit or Legit??
Posted by SweetestOfPeas
hard for me to say...
he was here illegally. he never paid 1 cent in taxes or had medical insurance, yet he expected medical care.
on the other hand, I feel really bad for him. that's just horrible!!
exactly how i feel
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BRod-Cheng
I'm going to be a big brother!
Member since 6/07 1860 total posts
Name:
Betty
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Re: Frivolous Lawsuit or Legit??
Well I might get flames, but the gov't could have solved the problem by just deporting him from the beginning instead of holding him in state prison and washing their hands of everything.
If they decided to keep him detained here under their supervision and care, then that included the biopsy and care for his cancer.
Obviously I don't have all of the facts, but the ,medical care would probably have been cheaper than the lawsuit that they are now facing.
Message edited 11/3/2007 11:30:57 AM.
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Frivolous Lawsuit or Legit??
I would need to know when he first sought treatment, what type of efforts he made - particularly the time between noticing it & doing something about it.
The prison didn't give him cancer but they are obligated to provide proper medical treatment for those in their care - regardless of their immigration status or whether they've paid taxes.
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