The House Labor San Carlos de Bariloche upheld the submission made by an affiliate of the National Union UPCN staff. The court ordered the Social Work to provide the amparo sought hip replacement according to the specifications prescribed by the attending physician within five days of notification of this on pain of fine and yet sufficient to lock the Relief may acquire on their own. Were also available, as possible - the passing of the case to the Criminal Justice for the possible commission of the crime of disobedience, without prejudice to the liability that may apply.
Background
Promoted amparo against social work staff Union of the Nation by a member in order to provide you with a "cementless hip prosthesis coating porous metal-metal interface ", necessary for surgery to be undergone as suffering from" hip dysplasia with severe osteoarthritis. " This condition causes him severe pain when walking difficult for what should be operated to full replacement of the affected joint.
The attending physician, prescribed that the characteristics of the disease and the age of amparo, a prosthesis that would meet the above characteristics. However, the Social Work authorized a national prosthesis with good quality and price limit of $ 13,000, which is not of the quality required for the case, being recommended for elderly. Although this material was expressly rejected by Dr. Kleiman, for not conforming to established medical specifications, the powered-by note 31/3/09- noted that it had agreed to provide total hip prosthesis premium and up to a maximum of $ 13,000, claiming the medical auditor that the material had cleared professional physician. He stressed that his request is of urgency, because the disease process increases the damage and delay in the recovery more difficult intervention .-
RECITALS
When issuing the resolution, the Court held that: " ... In terms of its presentation is clear recognition by the action of the right invoked by the amparo, claiming that in time and as requested by the treating physician "was authorized carry out the imported hip which by its nature is Imilan directed by professional clarifying that it is not accurate to the required ".
In this sense, it refers to the information in the Memorandum Management of Legal Affairs which reports that the Social Work complies with current regulations of PMO, with 100% coverage for prosthetics and implants for internal placement. It notes that the amount should be set at the lowest price quoted in square and medical specifications must be made by generic name, shall national prosthetics unless provided do not meet the requirements of the case. It also clarifies that "no denied the prosthesis is required, but it is not feasible to
Social Work supply required by the attending physician "under the current rules. Atento the position taken by the shareholder, who expressly says that" provide a prosthesis technical characteristics similar to the prescription or the member must pay the difference of $ 5,640 to access the requested prosthesis, there is no doubt raid on the claim.
Indeed, note that the object of protection is not to the prosthesis shown in the budget together with the demand. The plaintiffs own the note mentioned physician where states that "no matter the source (domestic or imported), but quality magazine uncemented INTERFACE METAL-METAL AND COATING POROUS. _-In the accompanying documentation in the record is clear that the prosthesis provided by the previous action-despite what the Court said then, did not meet the specifications and, for this reason it was rejected by the medical specialist. Just for verification that the coverage offered at the time had a limit of $ 13,000, which is why the difference was to afford to choose Amparo prótesispresupuestada-was $ 20,000 USD, as far and as expressed in the Memorandum is quoted $ 5,640 .- As
above, corresponds to accede to the demand driven and to order the information covered to provide a prosthesis of the features and quality provided by your physician, setting a deadline for compliance, failing to take necessary measures to that effect .- In this regard, we note that the defendant did not provide further details in his presentation on the prosthesis offered, so that in case of failure to comply with the order, shall must be at the indicated in the budget presented the amparo. The costs of the process must be supported by the Social Work and has been shown that the refusal was unjustified that motivated the commencement of the trial.
RESOLUTION:
make room for action for relief filed in the case, condemning the Social Work Staff Union of the Nation to provide the requested prosthesis amparo - "hip prostheses of porous-coated uncemented with metal-metal interface "- according to the specifications prescribed by the physician. This, within five days of notification of this and under penalty of fine and yet locked enough that the shelter may acquire on their own, besides having, eventually, the pass the case to the Criminal Justice by possible commission of the crime of disobedience, without prejudice to the liability that may apply.
0 comments:
Post a Comment