Post by messi23 on Mar 12, 2024 21:54:09 GMT -6
A woman will be compensated for moral damages of r$5,000 because the private hospital she contracted to deliver her child did not have beds available and sent her to a partner medical center. The second hospital demanded new payment, but as the author did not have the money to pay the amount charged, she had to give birth in the sus. Reproduction the woman was relocated to another unit, which required new payment to care for her. Reproduction the patient lost the first-degree questioning and appealed the decision, alleging that there was a failure to provide the service, despite having contracted the hospital to carry out the procedure.
For the 25th private law chamber of the são paulo Germany Phone Number court of justice, there was a breach of expectations for the hospital. According to the case's rapporteur, judge hugo crepaldi, the situation of the author of the action, represented by lawyer rafael felix, was “aggravated by the impossibility of the father eventually following the procedure, given the transfer and subsequent referral to the sus, as well as the delay in care and lack of due monitoring and support from the defendant in the meantime.” there was also a breach of contract, continued the rapporteur, which guarantees a fine of 40% of the total amount paid for the birth.
The percentage was stipulated in the contract, in clause 19. “it should be noted that the defendant, in its defense, does not deny the fault committed in the provision, despite making an argumentative effort in order to try to attribute it to the institution with which it maintains a partnership or to the authors themselves”, he added. The rapporteur also noted that the hospital is objectively responsible for the fact, in accordance with the consumer protection code. The Italian request also pointed out that the water supply in the regions described could not be guaranteed by other means also due to the complexity of the corrective measures.
For the 25th private law chamber of the são paulo Germany Phone Number court of justice, there was a breach of expectations for the hospital. According to the case's rapporteur, judge hugo crepaldi, the situation of the author of the action, represented by lawyer rafael felix, was “aggravated by the impossibility of the father eventually following the procedure, given the transfer and subsequent referral to the sus, as well as the delay in care and lack of due monitoring and support from the defendant in the meantime.” there was also a breach of contract, continued the rapporteur, which guarantees a fine of 40% of the total amount paid for the birth.
The percentage was stipulated in the contract, in clause 19. “it should be noted that the defendant, in its defense, does not deny the fault committed in the provision, despite making an argumentative effort in order to try to attribute it to the institution with which it maintains a partnership or to the authors themselves”, he added. The rapporteur also noted that the hospital is objectively responsible for the fact, in accordance with the consumer protection code. The Italian request also pointed out that the water supply in the regions described could not be guaranteed by other means also due to the complexity of the corrective measures.