Deus Vult

[messi23]

The lack of prior communication from the health plan to the consumer about the disqualification of the hospital in which he was receiving continuous treatment generates compensable moral damage. The decision was made by the rd Panel of the Superior Court of Justice in recognizing the damage suffered by a patient undergoing hemodialysis treatment. The value was set at R$. According to the process the patient who had chronic kidney disease and was on the transplant waiting list had to undergo hemodialysis three times a week from am to am a procedure that had been carried out at the same hospital since.

Around four years later the health plan disqualified the Germany Phone Number institution without observing the provisions of article of the Health Plans Law Law . The provision establishes that it is essential to notify consumers at least days in advance hire a new health service provider equivalent to the decertified one and communicate it to the National Health Agency. Although the jurisprudence of the STJ understands that breach of contract. As a rule does not produce compensable moral damage the rapporteur Minister Nancy Andrighi considered the peculiarities of the case highlighting.



The degree of sensitivity and fragility of the patient undergoing hemodialysis treatment in addition to the affectionate relationships built with the professionals who provided him directly or indirectly with health care services including a social worker nutritionist and psychologist. According to the rapporteur the situation went beyond the limits of mere contractual breach as the attitude of the health plan produced an emotional and human disruption in the patient as it touched an essential point in the reestablishment of his health to the detriment of a healthy transition to another equivalent hospital.
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