Clipping of news on Brazilian Culture, Law and Citizenship
05/22/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Agency Brazil
Brasilia - The disaccreditation of doctors and hospitals the health plan should be reported separately to each insured, the second decision of the Third Chamber of the Superior Court of Justice (STJ). The decision is the 20th of March, but was released just today (21) on page of the court.
The ministers discussed the use of the family of a heart that by going to the hospital when it was serviced regularly, it was found that the establishment of accredited private system. The patient had to be hospitalized with their own resources, spending about R$ 14,000 and died days later.
The family sued the courts to recover damages and the request was recognized by the courts of first instance. The decision, however, was reversed by the Court of São Paulo (TJSP), which held that the health plan change became public and that it was insured to check the information about the provider network.
The decision was reviewed again by the Supreme Court based on the Consumer Protection Code, which requires firms to provide consumers with adequate information about their products and services. For the reporting process, Nancy Andrighi minister, the situation of the health plan operators is even more specific, since they are required to comply with "a bona fide qualified, or a good faith belief that assumes the duties of information ".
According to a spokesperson from the Supreme Court, this understanding will be applied only to the specific case, but will serve as a parameter for the prosecution of similar cases. There may be appealed to the Supreme Court itself or to the Supreme Court, where lawyers understand that the decision disregarded the Constitution.
Edition: Lana Cristina
Source: Agency Brazil
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This article was translated by an automatic translation system, and was therefore not reviewed by people.