TJ-DF maintains conviction of health plan that denied ICU

As it considers that the company tried, via a transversal route, to obtain a new pronouncement on the subject, the 4th Civil Class of the Court of Justice of the Federal District and Territories unanimously upheld the conviction of a health operator that refused to offer Intensive Care Unit (ICU) bed for patient with Covid-19.

Rogerio SantanaHealth plan refused to offer ICU bed to patient

The company argued that the denial of hospitalization during the validity of the contractual grace period has legal support, “given that the defendant failed to comply with contractual clauses”.

The defense of the patient was made by the lawyer Adrianno do Vale Silva Moraes.

The decision questioned in the appeal considered that “the refusal of the health plan operator to authorize the performance of medical-hospital procedures necessary for the effective treatment of the patient, when there is a medical recommendation, aggravates the suffering and increases the anguish and psychological pressure of who needs treatment, thus configuring the moral damage, liable to be compensated”.

The rapporteur, judge Arnoldo Camanho, pointed out that “the matter was widely debated in the lashed judgment”. Thus, he highlighted that the “appellant intends, by way of a transversal way, to obtain a new pronouncement on a subject that has already been the subject of judicial analysis”.

Camanho understood that “if the appellant does not agree with the reasoning set out in the appealed decision, after all, judicial decisions do not always satisfy the interests of those who seek the Judiciary, and since the matter cannot be resolved through the narrow and well-defined path of declaration, the irresignation must, if any, be deduced by another means”.

So, the judge analyzed that “the appeal of motion for clarification in which the objecting party does not specifically and consistently point out any of the defects provided for in article 1022, of the CPC, must be taken as manifestly delaying, making its claim evident to re-discuss the matter already debated and decided through its own resource”.

Click here to read the decision
Process 0701563-72.2021.8.07.0004

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