Audiência - Ação de Reparação de Danos e Obrigação de Fazer - 15/09/2016

Summary

This transcript details a legal hearing in which Mário Márcio de Matos, the plaintiff, is represented by his lawyer in a lawsuit against the Adventista do Pênfigo Hospital. The case involves a claim for damages due to a faulty surgical screw used in a spinal surgery. The hearing addresses the responsibilities of the hospital and the health insurance provider regarding the purchase and delivery of surgical materials. Various testimonies are heard, particularly from a technical coordinator at the hospital, with the investigation focusing on the equipment quality and procedural details, while a medical expert will provide further insight in a future expert examination.

Takeaways

• 😀 The hearing involves a legal case where Mário Márcio de Matos is suing the Adventist Hospital of Pênfigo for damages related to a faulty surgical implant.
• 😀 The plaintiff claims that one of the screws used in his spinal surgery broke, causing him pain and alleging poor service from the hospital.
• 😀 The hearing proceeds without a settlement, as no proposal was made by the hospital, and the trial continues with a focus on contested issues.
• 😀 A key issue in the case is whether the hospital was responsible for the failure of the surgical screw, given the hospital's role in providing medical equipment.
• 😀 The technical coordinator of the hospital, who manages medical areas and supplies, explains that the hospital does not purchase surgical materials directly, instead relying on the patient's health insurance to supply the required equipment.
• 😀 The health insurance companies are responsible for sourcing surgical materials, with the hospital's role limited to providing the space and services for surgeries.
• 😀 The coordinator confirms that surgical materials such as screws are typically provided by the health insurance plan or the patient, who may purchase the materials privately.
• 😀 The hospital does not manage the procurement or inventory of these materials, nor does it store or keep track of surgical equipment; responsibility for this lies with the health insurance or the patient.
• 😀 Medical professionals in the hospital, such as surgeons, are prohibited from recommending suppliers for surgical materials, and all such decisions are made by the insurance companies.
• 😀 The hospital’s documentation focuses on the surgeon’s report of what materials were used during the surgery, but it does not track details about the suppliers or the quality control of the materials.

Q & A

What is the purpose of this legal hearing?

The hearing is related to a lawsuit filed by Mário Márcio de Matos against Hospital Adventista do Pênfigo, concerning alleged damages resulting from a surgical procedure and the use of defective surgical screws.

What is the main issue being discussed in the case?

The case revolves around the allegation that the hospital used a defective screw during Mário Márcio de Matos' spinal surgery, which allegedly caused complications.

What was the role of the medical coordinator at the hospital?

The medical coordinator, as described, was responsible for managing the hospital's technical areas, including medical, nursing, and nutritional services, but not directly involved in purchasing surgical equipment.

Who is responsible for acquiring the surgical equipment, such as screws?

The responsibility for acquiring surgical equipment lies with the health insurance plan or the patient if paying privately, not with the hospital itself.

What is the process for acquiring surgical materials at the hospital?

Surgical materials are requested by the surgeon through the health insurance plan, which then purchases the equipment from a supplier and delivers it to the hospital before the surgery.

Does the hospital keep a record of the purchased surgical materials?

No, the hospital does not maintain a record of the specific surgical materials purchased. It only records what was used during surgery in the patient's medical record.

How is the quality of surgical materials ensured?

The quality control of surgical materials is primarily managed by the health insurance provider, which ensures the use of authorized suppliers. The hospital's role is limited to verifying the material's condition upon delivery.

What happens if a surgical material is not used during surgery?

Any unused materials are taken back by the supplier and are not stored by the hospital.

What is the protocol if the materials needed for surgery are not approved by the health insurance plan?

If the health insurance plan does not approve the required materials, the surgery will not proceed. The surgeon must accept the materials authorized by the plan or reschedule the surgery.

Does the surgeon have any involvement in choosing the surgical materials used?

The surgeon does not choose the specific supplier of the materials but can confirm that the materials meet the necessary specifications for the procedure. The final choice of supplier is made by the health insurance plan.