文章基本信息

标题：Estudo sobre a obrigatoriedade de cobertura de cirurgia robótica pelos planos de saúde
本地全文：下载
作者：Mario Furlaneto Neto ; Teófilo Marcelo de Arêa Leão Júnior ; Laura Badiz Furlaneto 等
期刊名称：Research, Society and Development
电子版ISSN：2525-3409
出版年度：2022
卷号：11
期号：14
页码：1-9
DOI：10.33448/rsd-v11i14.36103
语种：English
出版社：Grupo de Pesquisa Metodologias em Ensino e Aprendizagem em Ciências
摘要：Robotic surgery has revolutionized operational practice (laparoscopic surgery) in healthcare. Because it is a minimally invasive and highly accurate procedure, it offers a greater chance of cure without complications, in addition to reducing the period of hospitalization and medication expenses. In this sense, the objective was to discuss the mandatory coverage of robotic surgery by health plans. This is a qualitative descriptive narrative review elaborated by means of data collection from primary sources carried out from a search in indexed journals, in addition to a jurisprudential review. The results were presented taking into account the Brazilian reality. It was found that the jurisprudence establishes the understanding that the health plan contract may contain clauses limiting consumer rights. However, it is an abusive one that excludes the cost of procedures and materials necessary for the best performance of the treatment of the disease covered by the plan, as is the case of the technical advantages of robotic surgery. In case of denial of robotic surgery coverage by the health care plan operator, it is recommended to take the necessary measures to ensure access to treatment through a court injunction, as well as a request for compensation for moral damages in case of coexistence of the assumptions cool. It should be noted that contractual liability does not arise only from the fulfillment of the contract, but from its accessory duties based on the principle of objective good faith, which is linked not only to the interpretation of contracts, but also to the social interest of security of legal relations.
关键词：Insurance company;Robotic surgery assisted;Legislation;Jurisprudence;Legal responsibility.