Court compels state to regulate surgeries at HRA.

Judge Sérgio Aparecido Paio, of the 1st Court of Public Finance and Records of Araguaína, granted a preliminary injunction ordering the State Government to guarantee the continuity of treatment for patients hospitalized at the Araguaína Regional Hospital (HRA) awaiting neurological surgeries; the State has five days, from the date of notification to the Health Secretariat, to take the necessary steps to comply with the preliminary injunction in relation to each of the named patients; a daily fine of R$ 50,000 was set for non-compliance; the decision responded to a Public Civil Action filed by the State Public Prosecutor's Office.

May 12, 2015, 20:51 AMUpdated May 27, 2019, 10:52 AM

Judge Sérgio Aparecido Paio, of the 1st Court of Public Finance and Records of Araguaína, granted a preliminary injunction ordering the State Government to guarantee the continuity of treatment for patients hospitalized at the Araguaína Regional Hospital (HRA) who are awaiting neurological surgeries; the State has five days, counted from the notification to the Health Secretariat, to take the necessary steps to comply with the preliminary injunction in relation to each of the named patients; the daily fine, in case of non-compliance, was set at R$ 50,000; the decision responded to the Public Civil Action filed by the State Public Prosecutor's Office (Photo: Aquiles Lins).

Tocantins 247 - The State Public Prosecutor's Office (MPE) was successful in a Public Civil Action filed this Monday, the 11th, with the objective of guaranteeing the continuity of treatment for patients hospitalized at the Araguaína Regional Hospital (HRA) who are awaiting neurological surgeries.

Judge Sérgio Aparecido Paio, of the 1st Court of Public Finance and Records of Araguaína, granted a request from the Public Prosecutor's Office and issued a preliminary injunction ordering the State Government to regularize the provision of neurosurgery services at the Unit.

In the legal action, Public Prosecutor Araína Cesárea dos Santos D'Alessandro, head of the 5th Public Prosecutor's Office of Araguaína, reports on the situation of some patients at the largest hospital in northern Tocantins. Currently, there is a backlog of 20 inpatients awaiting procedures in the neurology area.

The investigation began in September 2014, following reports of delays in performing neurosurgeries at HRA. At the time, the Public Prosecutor's Office requested information from the State Health Department, which reported cases of patients who had been waiting for more than three months to undergo surgery.

The Public Prosecutor requests that the State present to the court a list of all patients awaiting these surgeries but who are not hospitalized at the HRA. These patients are registered in the Official Regulation System of the Unified Health System (SUS). Measures were also ordered, including ex officio measures, to ensure compliance with specific injunctions or equivalent practical results, pursuant to Article 11 of Law No. 7.347/85, Article 84 of the Consumer Protection Code, and Article 461 of the Code of Civil Procedure, as well as any applicable incidental precautionary measures.

The State has five days, counted from the notification to the Health Secretariat, to take the necessary steps to comply with the preliminary injunction regarding each of the named patients. The daily fine, in case of non-compliance, was set at R$ 50,000 and limited to R$ 1 million, without prejudice to other applicable legal sanctions, including criminal charges against the State Secretary of Health, since he is responsible for the execution of health policy and, consequently, for compliance with court orders related to his respective department. (With information from the Public Prosecutor's Office)