The Constitutional Court rules aesthetic medical procedures with a functional purpose. It is within the scope of the health system for the person or persons who are reconstructive and EPS has to provide them.

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Morbid obesity and The court said that patients can request functional plastic surgery if they have a medical decision. order procedure.

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“Constitutional jurisprudence has emphasized that such organizations cannot refuse to provide these services on the ground that they are excluded from the Health Assistance Plan, without showing that the procedures requested under medical concepts in the examination of each particular case are for beautification and beautification purposes, dysfunctional restructuring, or emotional, psychological and social welfare. ‘ says the decision.

The Court’s Second Investigation Chamber, with the presentation of judge Juan Carlos Cortés, examined the condition of the woman who suffered from sagging skin after the treatments, and a healthcare professional who was not affiliated with EPS told the woman that she should have breast surgery. interruption.

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The woman asked Cesar Health Minister and New EPS to allow the procedures, and organizations rejected them because they thought the requested surgeries were of an aesthetic nature. and is not included in the Health Benefit Plan (PBS).

The woman insisted that in order to overcome her health problems, surgical procedures were necessary to heal the irritations caused by the excess skin.

He also stated that he faced depressive crises as a result of these pains.ace. The court said the New EPS did not make a “serious and in-depth” medical diagnosis that included the reasons for refusing the requested services.

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The above, because there were no medical arguments to conclude that the services requested had a strictly aesthetic purpose. However, the Court did not directly decide to perform the requested surgery, considering that there was no medical concept to tell whether the exact procedure needed by the woman was reconstructive or functional.

What the Court did, therefore, was to decide to undergo a thorough medical examination of Salud Total EPS in order to protect the woman’s right to health and to determine the source of the surgical procedures she would request based on the plaintiff’s clinical condition.

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The Chamber considered it important to assess whether the services requested were functional or reconstructive, as well as their current relevance.

EPS should support its diagnosis with scientific justification. In any event, you must consider the plaintiff’s consent before an assessment can be made, In addition to the jurisprudence rules included in this decision regarding functional reconstructive aesthetic surgeries, the decision is finalized.

[email protected]
@justiciaET

Source: Exame

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