The legal drama behind El Taiger's medical condition: Who decides his fate?

Since last Thursday, when the Cuban reggaeton artist El Taiger was shot in the head in Miami under circumstances that are being investigated, one of the aspects that has raised concern among his followers is the limited access to information about his medical condition.

An article published this Tuesday in the legal section of the independent media elTOQUE explored the legal reasons behind that restraint in the presentation of medical data.

The fundamental cause is the so-called Health Insurance Portability and Accountability Act (HIPAA) that in the United States protects the confidentiality of patients' medical information, restricting access to their immediate family members or individuals who have been previously designated as legal representatives.

Since El Taiger is unconscious and does not have close family in the United States, the medical staff at Jackson Memorial Hospital is responsible for deciding who can receive information about his condition.

Although people close to the musician, such as Jorge Junior, leader of the group Los Cuatro, have expressed their desire to travel to the United States to accompany him, he has been unable to travel and so far no process has been finalized that would allow them to have access to detailed medical information.

Medical decisions in case of incapacity

Another point is that the severity of El Taiger's condition has raised questions about what will happen if his condition does not improve and he remains on life support with no chances of recovery.

The mentioned source reveals that in the state of Florida, where he is hospitalized, the laws allow that - in the absence of a representative previously designated by the patient - certain protocols are followed to make critical decisions about his medical care.

In the event that El Taiger does not have a legal power of attorney document designating a representative for his medical care, Florida law establishes a priority order to identify who can make decisions on his behalf.

Among the options are the court-authorized guardians: the spouse, children over 18 years old, parents or siblings, and, as a last resort, a close friend or a social worker.

A delicate fact is that -according to elTOQUE- if it were determined that El Taiger has suffered brain death, medical personnel would have the authority to disconnect life support, as brain death is legally considered equivalent to physical death in the state of Florida.

This decision would be made according to medical standards and always under the supervision of two qualified doctors, one of whom is a neurologist.

Lack of health insurance

In the midst of a critical medical situation and an uncertain prognosis, in recent hours the influencer Un Martí To Durako reported during a program in which one of José Manuel Carbajal's (El Taiger) managers participated that the singer does not have health insurance, something that could jeopardize his recovery.

"This is not a lie, if we don't help raise funds, they are going to disconnect him," said Un Martí To Durako, revealing that the singer could be disconnected due to a lack of funds to cover his treatment.

It also clarified that it is not the family members or the doctors who desire this situation, but rather the American healthcare system that makes difficult decisions without insurance or financial support.

The reggaeton artist Oniel Bebeshito offered a portion of the earnings from his two songs with El Taiger, "Marca Mandarina" and "El Punto," to help his colleague in this delicate situation.

The artist also encouraged his followers to join this cause, highlighting that with a small contribution from each person, a significant difference can be made.

El Taiger was found in the back of a vehicle near Jackson Memorial Hospital in Miami on October 4 and was taken to that facility where he underwent surgery. The singer survived the operation and has since been on life support machines.

This Monday, he began to show some small progress in his recovery, according to his manager, Marcel Reinosa, during an interview with the communicator Enrique Santos. Reinosa detailed that one of the most significant advances is that the artist's kidneys have started to function again and that his body has begun to regulate temperature on its own.