Marcello Casal Jr./Agência Brasil
Marcello Casal Jr./Agência Brasil Law establishes that treatment must be started within 60 days of diagnosis
To guarantee the rights of SUS users, the MPF requires the Union to adopt, within 90 days, measures to reactivate the treatment module of the Cancer Information System (Siscan) or establish another reliable and compatible system, allowing the adequate recording of data from patients diagnosed with cancer.
The state of São Paulo must also have the same deadline to impose control and transparency on SUS waiting lists, whether through the Health Services Offering Regulation Center (Cross) or another system, guaranteeing priority to cancer patients in consultations , exams, surgeries, chemotherapy and radiotherapy.
As a result, defendants must comply with the deadlines established by law, requests the MPF, ensuring that, in the event of malignant neoplasms, diagnosis occurs within 30 days and treatment begins within 60 days or less, depending on therapeutic need. of the case.
The ACP also requires that the names of all SUS users who, since the entry into force of Law 12,732/2012, died with a diagnosis of cancer after a delay in starting treatment, be identified and reported. For each of these patients, the MPF requests that the defendants be ordered to pay compensation for collective moral damages in an amount of no less than R$100,000.
Compensation of at least R$50,000 is also required for each SUS user who did not have access to cancer therapy within a maximum period of 60 days. Finally, the action asks the Union and the state of São Paulo to pay at least R$10 million if they are unable to identify all cancer patients whose rights to treatment were disrespected.
Broad and complex
Failure to meet the deadline for starting treatment increases the number of deaths from the disease. But a solution is far away.
The normalization of care and patient records should lead to an improvement in treatment and prevent more deaths. However, one must also take into account the enormous demand for oncology treatment in the country, the undersized structure of the system — including health professionals and physical structure and equipment —, the amounts of transfers to institutions that serve oncology, in addition to bureaucracy. This is the opinion of experts interviewed by the electronic magazine Consultor Jurídica .
There is also no way to estimate a deadline for patients to experience improvement in care in the public network, since the lack of adequate data and inconsistency in records has been present in the SUS for at least five years.
"Oncology is a highly complex treatment and exceeds the ceiling of funds transferred by the SUS to hospitals, where more than 65% of treatments in the public network are based in philanthropic institutions. There is no point in fining for delays in starting this treatment if there is no better structured network to treat cancer", complains the lawyer specializing in Health Law Luciana Rodrigues Faria , managing partner of Rodrigues Faria Advogados, in Santos.
Another specialist in the sector, Murilo Aranha , from Warde Aranha Advogados, in São Paulo, goes further to explain the situation. "The fine itself for non-compliance WhatsApp Number List with the law is a fact that will remain vague. A practical solution to the problem is needed, such as restructuring public facilities, whose service is very bloated, in addition to improving the bureaucracy.
Which is very extensive, and also resolve the loopholes left in the law, such as the start of the deadline for starting care. A court order alone is sometimes not enough to resolve the problem. Perhaps patients may actually feel some change when fines begin to be applied, but If the vague points of the specific law are not resolved, there will be no progress”, he warns,