2023-08-05 15:35:36
The judges of the First Chamber of Labor of Bariloche granted an appeal for protection of a patient and ordered the Ministry of Health to provide the surgical material needed by a neurosurgeon from the area hospital de Bariloche to perform urgent neurosurgery.
According to the sentence of judges Emilio Riat, Marina Venerandi and Juan Lagormarsino, dated this week, orders the Ministry of Health of the Province of Río Negro to provide through the Ramón Carrillo zonal hospital “the surgical material requested by Dr. Gustavo N. Barreiro within 48 hours of notified the present under warning”.
They also intimate the Minister of Health, Fabián Zgaib, “to adopt the necessary urgent measures for the provision of the surgical material that is hereby ordered, under penalty of making him responsible for the damages and losses that such non-compliance generates in the integrity of the psychophysical health of the patient”.
The patient’s daughter went to court in mid-July because the hospital’s neurosurgeon requires specific material “to perform a brain biopsy in order to accurately determine the extent of the tumor and the condition he suffers and thus be able to have a clear diagnosis to carry out the corresponding medical treatments ”, indicates the amparo action.
The patient was detected large brain tumor and due to medical indication, he was admitted to the Bariloche area hospital weeks ago and the treating surgeon ordered a biopsy for which the provision of materials was requested on June 23.
He The hospital replied a month later that the material requested for the surgical intervention “is in process administrative Nº 46051-S-2023, being managed by direct contracting to give a response as soon as possible”.
However, the delay in the delivery and the lack of details led to the legal action “in order to avoid further damage to his father’s health.”
The judges considered the amparo action valid due to the urgency of the provision of surgical materials and pointed out that although the Ministry stated that it is going to specify this delivery of materials “However, it does not indicate the times of acquisition and delivery of the material.”
“The delay in which the Ministry of Health has incurred has an evident seriousness that requires an urgent decision in order to avoid further damage to the health of the amparista, fundamental rights protected by the National Constitution, international treaties and the Provincial Constitution,” they said. the judges who emphasized the right to health of individuals.
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