At the request of the Criminal Justice Prosecutor for the Defense of Health Service Users (Pró-vida), the The Public Prosecution Office for the Federal District and Territories (MPDFT)The court decided that patients using Essure contraceptives may decide to withdraw it through the SUS, regardless of a medical report indicating a health risk.
The decision was upheld on appeal to the First Appeals Panel of the Court of Justice for the Federal District and Territories (TJDFT). Judgment is required Health Secretary Withdrawing the contraceptive method from the patient, which indicates health risks, in addition to physical and psychological suffering, while maintaining the method.
The court understood that a woman could decide, at any time, to remove the device, and to establish the existence of a defect in the Essure brand contraceptive devices provided by the Unified Health System is irrelevant.
For Attorney General Alessandra Morato, “The decision represents a victory for users of the public health system in the Federal District, in that it puts the Essure case in its exact terms: it is the woman’s right to demand removal of the device at any time, through the simple expression of the will, either by decision on their right to childbearing, or out of fear of the risks or doubt about the efficacy of the implant.In many cases involving Essure withdrawal, we have noted that the discussion turns to the presence or absence of medical certificates indicating the risk of death for the woman with the device being maintained.If this woman had the conditions The financials to pay for private medical care, with the surgery involved, there wouldn’t even be a discussion about whether or not she had the right to remove that device.”
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