ROSEVILLE, Calif. -- A case involving Sutter Roseville Medical Center suing an elderly patient for trespassing is going to court.

In 1999, Maria Gouveia, 77, was involved in a car accident that left her with a brain injury.

Since the accident, she has been in-and-out of hospitals and acute care.

Sutter Roseville Medical Center has been Gouveia's home for the past year, but the hospital said her health stabilized and she is ready to be moved to another facility.

Gouveia's family disagreed and refused to sign her release.

In response, the Sutter hospital charged Gouveia with trespassing.

"I was like 'You've got to be kidding me, they want to kick my mom out of a hospital?'" said Anna Robella, Gouveia's daughter. "Here she is in a hospital, lying in bed, you guys (hospital) providing for her and you want to kick her out?"

According to Barbara Nelson, the chief nurse executive at Sutter Roseville Medical Center, the hospital doesn't decide who is admitted, discharged or transferred. Those decisions are based on an assessment by a physician.

"In this situation, several physicians have assessed her care, and said that she is not, at this point, at an acute level," Nelson said. "She is in need of either a subacute or a skilled nursing facility."

Gouveia's family, however, said Maria still requires breathing treatments, which she will not get at a nursing home.

Carol Herman, an advocate for the elderly, said she has never seen a hospital sue an incapacitated patient for trespassing.

"It is patient dumping. It's highly suspect," Herman said.

The Gouveia are fighting back, hiring family law attorney Michael Kelly, who said the hospital's decision is based on economics.

"They're saying that Medicare is not paying the bills. Well Medicare never wants to pay the bills," Kelly said.

The lawsuit is scheduled to go to trial at Placer County Superior Court at the end of the month.

Currently, both sides are negotiating a care plan that would meet Gouveia's needs and allow the hospital to free up a bed.