Due to a five-day delay in effectively complying with an injunction, the 1st Civil Court of Itatiba (SP) ordered the health plan operator Unimed to pay a fine of R$1,500.
The injunction had ordered full coverage of treatment for an autistic child, within a maximum period of ten days. A daily fine of BRL 300 for failure to comply with the decision was stipulated.
But 14 days after the subpoena, the author reported that the injunction had not yet been fulfilled. Unimed claimed that it made the cost of the treatment available in its accredited network, and signed a contract with a clinic the day after the author’s manifestation. According to the defendant, the delay in starting the service should be attributed to the clinic.
“Despite the fact that the executed party claims that it is not obliged to maintain accredited clinics at the consumer’s place of residence, the fact is that the court decision stated that, if there were no qualified professionals in the accredited network or there was no establishment or accredited professional in the place of its residence, expenses should be reimbursed”, said judge Renata Heloisa da Silva Salles.
The lawyer Gustavo de Melo Sinzingerfrom Sinzinger Advocacia, acted on behalf of the consumer.
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