The Judicialization of Health Care

2014 ◽  
pp. 246-269 ◽  
Author(s):  
César Rodríguez-Garavito
Keyword(s):  
Health Care ◽  
Judicialization Of Health

scholarly journals COVID-19 pandemic and the judicialization of health care: an explanatory case study

2020 ◽  
Vol 28 ◽  
Author(s):  
Eloá Carneiro Carvalho ◽  
Pedro Hugo Dantas de Oliveira Souza ◽  
Thereza Christina Mó y Mó Loureiro Varella ◽  
Norma Valéria Dantas de Oliveira Souza ◽  
Sheila Nascimento Pereira de Farias ◽  
...  
Keyword(s):  
Health Care ◽  
Right To Health ◽  
Study Data ◽  
Public Authorities ◽  
Brazilian Society ◽  
Court Of Justice ◽  
Regional Labor ◽  
Case Study Data ◽  
Judicialization Of Health

Objective to identify the reasons that led to the judicialization of health care in the context of the COVID-19 pandemic; describe the outcomes of lawsuits concerning health care involving the COVID-19; and analyze the cases of health care judicialization intended to ensure the population’s right to health. Method qualitative, explanatory case study. Data were collected from the websites of the Federal Prosecution Service, Regional Labor Court (1st Region), and the Court of Justice of Rio de Janeiro. The inclusion criterion was public civil actions that concerned health care and situations involving the COVID-19 pandemic. Two categories emerged from data analysis. Results four cases were identified. Conclusion the judicialization of health care consists of obtaining assets and rights in the courts. These assets and rights are essential to ensure the health of citizens but have been denied in various instances, often due to the omission of the executive and legislative powers. Analyzing the judicialization of health care amidst the pandemic brings focus and highlights the importance of giving voice and visibility to the enormous contingent of the Brazilian society unassisted by public authorities.

scholarly journals Strategies Implemented by Public Institutions to Approach the Judicialization of Health Care in Brazil: A Systematic Scoping Review

2020 ◽  
Vol 11 ◽  
Author(s):  
Sueli Miyuki Yamauti ◽  
Jorge Otavio Maia Barreto ◽  
Silvio Barberato-Filho ◽  
Luciane Cruz Lopes
Keyword(s):  
Health Care ◽  
Scoping Review ◽  
Public Institutions ◽  
Judicialization Of Health

scholarly journals Mediation as prevention of judicialization of health: narratives of judiciary and health subjects

2019 ◽  
Vol 23 (2) ◽  
Author(s):  
Maria dos Remédios Mendes Oliveira ◽  
Rackynelly Alves Sarmento Soares ◽  
Maria Fátima de Sousa ◽  
Ana Valéria Machado Mendonça ◽  
Maria Célia Delduque
Keyword(s):  
Health Care ◽  
Primary Health Care ◽  
Structured Interview ◽  
Health Centers ◽  
Legal Basis ◽  
The Public ◽  
Primary Health ◽  
Probabilistic Sample ◽  
Municipal Health ◽  
Judicialization Of Health

Abstract Objective: To analyze the phenomenon of judicialization for health mediation and prevention of judicial demands. Methods: Exploratory and explanatory mixed study, from 2017 to 2018, with a non-probabilistic sample. We used two structured interview scripts, one to the municipal health secretaries and another to the judges from the Public Treasury of the Brazilian territory. In common, the meaning of judicialization and mechanisms for resolution. For the 162 secretaries: reasons for the judicialization, alternatives for resolution and more demanded inputs; for the 40 judges, the legal basis. Results: 77.5% of the judges resorted to support in the legal actions; 77.5% of the districts do not count on mediation of sanitary conflicts; 65.4% of the municipalities have a group for mediation. The annual expense with the judicialization varies from less than R$ 100 thousand to more than one million. Conclusion: Despite the support for decisions and mediation groups, the judicialization of health centers enlarge courts and has an impact on the budget of municipalities and commit itself to the actions in primary health care.

scholarly journals RECOGNIZING THE PUBLIC RIGHT TO HEALTHCARE: THE APPROACH OF BRAZILIAN COURTS

2014 ◽  
Vol 1 (1) ◽  
pp. 19 ◽  
Author(s):  
Ricardo Perlingeiro
Keyword(s):  
Health Care ◽  
Health Care Policy ◽  
Court Decisions ◽  
Care Policy ◽  
The Public ◽  
Judicialization Of Politics ◽  
Judicial Protection ◽  
Judicialization Of Health ◽  
Public Right

This paper considers aspects of the judicialization of health care policy in Brazil.  It discusses the issue in the context of the separation of the powers of government, judicial protection of the public right to healthcare, the so-called “technical administrative discretionary prerogatives,” and finally, the need for a budget to provide for the efficacy of court decisions. To further the analysis of Brazil’s treatment of the judicialization of politics this paper also compares Brazil’s experience with the experience of other countries witnessing the same phenomenon.

Malpractice & Negligence: Cal. Supreme Court Clarifies Negligence Provisions under State’s Elder Abuse Act

1999 ◽  
Vol 27 (2) ◽  
pp. 203-203
Author(s):  
Kendra Carlson
Keyword(s):  
Health Care ◽  
Supreme Court ◽  
Health Care Providers ◽  
Elder Abuse ◽  
Skilled Nursing Facility ◽  
Pressure Sores ◽  
Care Providers ◽  
Nursing Facility ◽  
Skilled Nursing ◽  
The Supreme Court

The Supreme Court of California held, in Delaney v. Baker, 82 Cal. Rptr. 2d 610 (1999), that the heightened remedies available under the Elder Abuse Act (Act), Cal. Welf. & Inst. Code, §§ 15657,15657.2 (West 1998), apply to health care providers who engage in reckless neglect of an elder adult. The court interpreted two sections of the Act: (1) section 15657, which provides for enhanced remedies for reckless neglect; and (2) section 15657.2, which limits recovery for actions based on “professional negligence.” The court held that reckless neglect is distinct from professional negligence and therefore the restrictions on remedies against health care providers for professional negligence are inapplicable.Kay Delaney sued Meadowood, a skilled nursing facility (SNF), after a resident, her mother, died. Evidence at trial indicated that Rose Wallien, the decedent, was left lying in her own urine and feces for extended periods of time and had stage I11 and IV pressure sores on her ankles, feet, and buttocks at the time of her death.

A Tribute to the Late William J. Curran

1996 ◽  
Vol 24 (3) ◽  
pp. 274-275
Author(s):  
O. Lawrence ◽  
J.D. Gostin
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Illness ◽  
United Nations ◽  
Mental Health Care ◽  
Harvard University ◽  
Legal Medicine ◽  
General Assembly ◽  
International Institute ◽  
University Professor

In the summer of 1979, a group of experts on law, medicine, and ethics assembled in Siracusa, Sicily, under the auspices of the International Commission of Jurists and the International Institute of Higher Studies in Criminal Science, to draft guidelines on the rights of persons with mental illness. Sitting across the table from me was a quiet, proud man of distinctive intelligence, William J. Curran, Frances Glessner Lee Professor of Legal Medicine at Harvard University. Professor Curran was one of the principal drafters of those guidelines. Many years later in 1991, after several subsequent re-drafts by United Nations (U.N.) Rapporteur Erica-Irene Daes, the text was adopted by the U.N. General Assembly as the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care. This was the kind of remarkable achievement in the field of law and medicine that Professor Curran repeated throughout his distinguished career.

Sign in / Sign up

Export Citation Format

Share Document