Sao Paulo – Contracted with Verônica Legnari, André Luiz Lopes and Aderbal Freitas, all residents of São Paulo COVID-19 In March, in the middle health collapse. Desperate at the lack of vacancies in the public system, their families decided to transfer them to private hospitals.
This measure may have been critical to the survival of the three, but it has also resulted in debts of up to 1.4 million Brazilian reals and financing that could last for a decade.
Covid-19 Association for Victims and Families of Victims (AVICO BRAZIL) Providing legal advice for such cases. “I have referred several people to the Office of the Public Defender who, at the height of the crisis, were unable to find vacancies in public hospitals. They were not weak, because the weak, if he had no money, would end up dying without a replacement. They were people with more conditions,” explains Paula Falceta, Head of AVICO BRAZIL.
“The hospital can’t let you die at the door with the possibility of treating you. He has every right to charge and file a lawsuit,” said Elton Fernandez, an attorney who specializes in health law. And if there is a possibility to transfer the patient, do so.”
“When there is a risk of death and there are no vacancies, it is the state that has to take charge. But that ends with the discussion in court. It is not a 100% guarantee, but it is possible that the judge will decide that the state will pay for this account,” she says. Paola, from Avico.
1.4 Million Brazilian Real Debt and a Dirty Name
on March 23And Sandro Novais Freitas began worrying about his father, Aderbal Pinto Freitas, 74. The elderly person had Covid-19 and an oxygen saturation of 85%.
“It happened exactly at that peak, in that frenzy, when the hospitals were 100% occupied. He overcame the natural desperation of a son. So I ran with him to Santa Casa. There, the first thing we heard was that there were no beds in the ICU,” he says. Sandro.
They went to Hospital das Clínicas, also general, and then they went to Hospital Santa Paula, which is a private hospital. Aderbal was hospitalized for four months at this last address. He ended up being intubated, had a tracheostomy, and received a feeding tube… Fortunately, he was discharged from the hospital, but he still had scars and cuts all over his body.
“From what we saw, a 20-day hospital stay, we were collecting the family, selling a car and trying to pay. But my dad stayed for four months, and the debt is now 1.4 million R$. I imagined paying about R$300,000, and it would already be the biggest bottleneck in the world,” Sandro, who is unemployed and financially constrained, said. “My dad always asked me to look up my name, because it’s the only thing we have. Today, I don’t have that anymore.”
Sandro sought the attorney general’s office and collected information and documents for them to assess his case. Santa Paula Hospital reports that, out of respect for privacy and the General Data Protection Regulation (LGPD), it does not comment on patient-related issues.
Monthly installment of 4000 BRL for 10 years
Coronavirus survivor Veronica Legnari, 47, is undergoing physiotherapy and medical follow-up. Your journey to leave Covid-19 in the past will be long. It will take about a year to recover from the disease Multiples physical. On the other hand, the financial part will be at risk for at least a decade, while the funding provided by her father to pay the cost of her daughter’s stay in the hospital for 24 days, between March and April of this year, will continue.
Veronica and her husband, nursing technician Diego Legnari, tested positive for Covid-19 on March 10. Twelve days later, the woman with bronchitis felt short of breath and asked her partner for help. “My husband works in health care and he knew that he had no vacancy in Mairenque, the city where I live. So, he took me to a private hospital in Sao Roque,” he said.
And the medical center diagnosed (Veronica chose not to reveal the name of the place) infecting 50% of the patient’s lungs. She ended up in the hospital and needed mechanical ventilation. As there were no more vacancies in the ICU, she was transferred to another unit in Koutia.
The cost of a 24-day hospital stay, including in the intensive care unit, is about R$300,000 – an amount paid for with a bank loan taken by the father, in installments of R$4,000 over 10 years. The self-employed company, which produces personalized gifts, receives help from friends through a campaign default group.
Veronica acknowledges that her case is too complex to be legally resolved. “The problem is we haven’t been to any hospital, because my husband is a health worker, and I already knew there was no vacancy. Wherever he worked, he already had to be intubated with a pill, which is a lot of torture,” he says.
Entry of 72 thousand Brazilian riyals
Earlier this year, event promoter Leticia Gouvia met her husband, Andre Luiz Lopez, three times at Mandaqui Hospital in São Paulo, a public venue. A CT scan showed that 50% of the broker’s lungs had been compromised by Covid-19, and that oxygen saturation had reached 85%. Despite this situation, Andrei was not hospitalized.
On March 13, she decided to take her husband to the São Camilo Hospital, where Andre Luiz was hospitalized for 20 days, 7 of which were intubated. “Through Sao Camilo, I started fighting for a place in cross [Central de Regulação de Oferta de Serviços da Saúde] [sistema do estado de São Paulo para procura de vagas nos hospitais]’, he points out.
Once entered into the private address, Letícia created a file kitty to help make ends meet. We were only able to make the down payment of R$72,000. We financed the rest directly from the hospital for five years, in installments of R$2,000,” he says.
Attorney Christian Ferreira prepares for the operation to plead the state to compensate the couple. She explained that the procedure will question São Camilo for not collecting this amount from the government.
Regarding care in the public network, the state health department said Andre was at Conjunto Hospitalar do Mandaqui for two days in March. “He was attended by a multidisciplinary team, and he was kept under observation. Examinations were performed, and the patient was instructed to return to the site, if needed. The option to pursue care at another service was exclusive to the family,” he said in a note. The hospital appreciates respecting protocols, given the report The family regarding care, referred the case to the Regional Board of Medicine (CRIMSP).
sought, Sao Camilo Hospital reported that the patient’s entire operation was proceeding within normal limits.
Who pays the bill?
According to Elton Fernandez, an attorney who specializes in health, those who still owe the hospital can go to court. “If you have strong evidence, it’s possible to file a lawsuit to get an injunction. It’s easy? It’s not simple. The judge will look suspicious, and they will look at the impact on the public accounts,” he wonders.
Civil attorney Anna Cristina Medeiros agrees that if there are no vacancies in the public order, it is possible to file a lawsuit against the state to recover the amounts spent.
Documentary evidence, such as medical records and emails, and witnesses are critical. “I tell the families that the complexity proves that admission to a general hospital was attempted and there was no vacancy, because the evidence is yours. There is no point in thinking a judge would be kind,” Elton explains.
“When you file a lawsuit to claim these amounts back, that goes to court. Even if you win the stock, God knows when you will get paid. This is a serious problem in our judicial system.
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