Patient will be indemnified in R $ 40 thousand for losing sight in the queue of SUS – Capital


Judge Marcelo Andrade Campos Silva, of the 4th Public Treasury Court and Public Records of Campo Grande, condemned the State of Mato Grosso do Sul to indemnify a patient for R $ 40,000 for moral damages. According to the action, the woman lost sight of the right eye due to the delay in the surgery that would be performed by the SUS (Single System of Cheers).

According to the procedure, the patient was diagnosed with retinal displacement in the eyes and obtained the medical indication for surgery in the right eye with posterior vitrectomy procedure. Due to the seriousness of the problem, she began treatment in 2011, when she was urgently referred to the São Julião Hospital to perform the treatment provided by SUS, but the equipment was damaged.

Faced with the situation, the patient filed a lawsuit requesting urgent treatment. The Court of Justice approved the request and on January 18, 2012 was attended with the conduct of examinations and outpatient procedure. The surgery was scheduled for October 30, but again it was not performed due to problems with the same device.

The victim then dropped the suit because of the delay. He pointed out that failure to provide the right to Cheers by the State and noncompliance with the injunction, leading to loss of vision of the right eye.

The State alleged that the patient stopped attending two consultations for reassessment and exams, demonstrating negligence. He further alleged that the care had taken place in Cemed (Medical Specialty Center), Hospital São Julião and Santa Casa, none managed by the State.

The judge pointed out that the defendant did not comply with the deferral of the injunction even after the court order, making the patient's problem irreversible. It also says that the expertise clearly demonstrated the consequence of not performing the surgery.

"In this step, due to the negative repercussion of the event, namely the delay in the surgical procedure that caused the worsening of the condition and the irreversibility of the injury, it is undisputed that the applicant was assaulted in its off-balance sheet sphere, whose sense of expectation of a dignified, quick and effective medical care, all expected, is presumed and, in clear frustration, this was not the case, and the function of seeing was blindly committed before the blindness of one's eyes, "concluded the magistrate.


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