Terça, 22 Outubro 2013 16:36

Estado é obrigado a indenizar paciente que faz tratamento fora do domicílio Destaque

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É obrigação do Estado fornecer transporte, alimentação e estadia aos doentes que fazem parte do programa Tratamento Fora do Domicílio - TFD e que necessitam dessa assistência, ou ressarcir as despesas por eles realizadas. Comprovadas a autorização para tratamento de saúde fora do domicílio e a ausência de pagamento, deve ser acolhido o pedido de cobrança.

Com esse entendimento, a 2ª Câmara de Direito Público do TJ decidiu não acatar o recurso do Estado de Santa Catarina contra sentença que condenou o ente estatal ao pagamento das despesas do autor e de sua acompanhante durante o tratamento fora do domicílio. De acordo com os autos, o paciente, que sofria de epilepsia e necessitava tratamento em outra cidade, deslocou-se até o Rio Grande do Sul para buscar atendimento no Hospital São Lucas da Pontifícia Universidade Católica (PUC).

Os magistrados entenderam que o TFD é deferível a pacientes do Sistema SUS quando esgotados todos os meios de tratamento no próprio Município, mediante solicitação do médico assistente, a ser autorizado por comissão nomeada pelo respectivo gestor municipal/estadual. O relator, desembargador João Henrique Blasi, reafirmou que, comprovada a necessidade de tratamento médico pelo SUS em outro município, o Estado tem obrigação de arcar com despesas de transporte e estadia, conforme consta no acórdão (AC n. 2012.040258-6).

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