Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis

Introduction: The objective of this work is to analyze the characteristics of litigation for access to health’s goods and services in the Social Health Insurance (SHI) of Buenos Aires, Argentina. Method: Descriptive study with analytical stage, performed in SHI, analyzing litigation done by benefic...

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Autores principales: Marín, Gustavo Horacio, Marín, Lupe, Agüero, Daniel, Marin, Gina, Pagnotta, Mariana, Blanco, Luis
Formato: Articulo
Lenguaje:Inglés
Publicado: 2020
Materias:
Ciencias Médicas
Litigation
Health
Technologies
Medicines
Inequality
Acceso en línea:http://sedici.unlp.edu.ar/handle/10915/119943
Aporte de:
SEDICI (UNLP) de Universidad Nacional de La Plata
id I19-R120-10915-119943
record_format dspace
institution Universidad Nacional de La Plata
institution_str I-19
repository_str R-120
collection SEDICI (UNLP)
language Inglés
topic Ciencias Médicas
Litigation
Health
Technologies
Medicines
Inequality
spellingShingle Ciencias Médicas
Litigation
Health
Technologies
Medicines
Inequality
Marín, Gustavo Horacio
Marín, Lupe
Agüero, Daniel
Marin, Gina
Pagnotta, Mariana
Blanco, Luis
Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
topic_facet Ciencias Médicas
Litigation
Health
Technologies
Medicines
Inequality
description Introduction: The objective of this work is to analyze the characteristics of litigation for access to health’s goods and services in the Social Health Insurance (SHI) of Buenos Aires, Argentina. Method: Descriptive study with analytical stage, performed in SHI, analyzing litigation done by beneficiaries along 15-years period to obtain goods or service from health managers. Variables explored were: Reason for litigation, delay time in case resolution, final result of judicial sentence, judges, lawyers and intervening professionals, income level of beneficiaries who started the litigation. Result: 825 cases were analyzed during the study period according the method described. Demands increased 29.2 ±% per year. Medicines were the goods that most requested legal protection resources (32.5%). 51.9% of these litigations were due to medicines that have less than 24 months of registration by the National Regulatory Agency. The average delay for the final resolution of the procedure was 3.7 months. Judge's sentence was favorable to the beneficiaries in 97.4%. Although there are 27 judicial departments and many courts in each one; cases were concentrated in 47.4% only 2 very few courts. Litigation cases promoted by 112 out of the 15000 doctors that provides services to the SHI. In 73.7% of the cases, beneficiaries that litigated had a salary that exceed 4 times the minimum wage, and only 3.2% of them had low income. Conclusion: We show how legal appeals might be working as an inverse strategy to the one desired, transferring collective resources belonging to the entire population, towards an specific demand from the most economically wealthy sector of society. As long as access to health care litigation maintains its current individualistic pattern, it will hardly be able to develop its full potential to guarantee effective respect for the collective right to access to goods that beneficiary the whole community.
format Articulo
Articulo
author Marín, Gustavo Horacio
Marín, Lupe
Agüero, Daniel
Marin, Gina
Pagnotta, Mariana
Blanco, Luis
author_facet Marín, Gustavo Horacio
Marín, Lupe
Agüero, Daniel
Marin, Gina
Pagnotta, Mariana
Blanco, Luis
author_sort Marín, Gustavo Horacio
title Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
title_short Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
title_full Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
title_fullStr Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
title_full_unstemmed Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
title_sort litigation for health technology accessibility: a tool for inequality? reflections based on case study analysis
publishDate 2020
url http://sedici.unlp.edu.ar/handle/10915/119943
work_keys_str_mv AT maringustavohoracio litigationforhealthtechnologyaccessibilityatoolforinequalityreflectionsbasedoncasestudyanalysis
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AT maringina litigationforhealthtechnologyaccessibilityatoolforinequalityreflectionsbasedoncasestudyanalysis
AT pagnottamariana litigationforhealthtechnologyaccessibilityatoolforinequalityreflectionsbasedoncasestudyanalysis
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