Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis

Autores
Marín, Gustavo Horacio; Marín, Lupe; Agüero, Daniel; Marin, Gina; Pagnotta, Mariana; Blanco, Luis
Año de publicación
2020
Idioma
inglés
Tipo de recurso
artículo
Estado
versión publicada
Descripción
Introduction: The objective of this work is to analyze the characteristics of litigation for access to health’s goods and services in the Social Health Insurance (SHI) of Buenos Aires, Argentina. Method: Descriptive study with analytical stage, performed in SHI, analyzing litigation done by beneficiaries along 15-years period to obtain goods or service from health managers. Variables explored were: Reason for litigation, delay time in case resolution, final result of judicial sentence, judges, lawyers and intervening professionals, income level of beneficiaries who started the litigation. Result: 825 cases were analyzed during the study period according the method described. Demands increased 29.2 ±% per year. Medicines were the goods that most requested legal protection resources (32.5%). 51.9% of these litigations were due to medicines that have less than 24 months of registration by the National Regulatory Agency. The average delay for the final resolution of the procedure was 3.7 months. Judge's sentence was favorable to the beneficiaries in 97.4%. Although there are 27 judicial departments and many courts in each one; cases were concentrated in 47.4% only 2 very few courts. Litigation cases promoted by 112 out of the 15000 doctors that provides services to the SHI. In 73.7% of the cases, beneficiaries that litigated had a salary that exceed 4 times the minimum wage, and only 3.2% of them had low income. Conclusion: We show how legal appeals might be working as an inverse strategy to the one desired, transferring collective resources belonging to the entire population, towards an specific demand from the most economically wealthy sector of society. As long as access to health care litigation maintains its current individualistic pattern, it will hardly be able to develop its full potential to guarantee effective respect for the collective right to access to goods that beneficiary the whole community.
Facultad de Ciencias Médicas
Materia
Ciencias Médicas
Litigation
Health
Technologies
Medicines
Inequality
Nivel de accesibilidad
acceso abierto
Condiciones de uso
http://creativecommons.org/licenses/by-sa/4.0/
Repositorio
SEDICI (UNLP)
Institución
Universidad Nacional de La Plata
OAI Identificador
oai:sedici.unlp.edu.ar:10915/119943

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network_name_str SEDICI (UNLP)
spelling Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study AnalysisMarín, Gustavo HoracioMarín, LupeAgüero, DanielMarin, GinaPagnotta, MarianaBlanco, LuisCiencias MédicasLitigationHealthTechnologiesMedicinesInequalityIntroduction: The objective of this work is to analyze the characteristics of litigation for access to health’s goods and services in the Social Health Insurance (SHI) of Buenos Aires, Argentina. Method: Descriptive study with analytical stage, performed in SHI, analyzing litigation done by beneficiaries along 15-years period to obtain goods or service from health managers. Variables explored were: Reason for litigation, delay time in case resolution, final result of judicial sentence, judges, lawyers and intervening professionals, income level of beneficiaries who started the litigation. Result: 825 cases were analyzed during the study period according the method described. Demands increased 29.2 ±% per year. Medicines were the goods that most requested legal protection resources (32.5%). 51.9% of these litigations were due to medicines that have less than 24 months of registration by the National Regulatory Agency. The average delay for the final resolution of the procedure was 3.7 months. Judge's sentence was favorable to the beneficiaries in 97.4%. Although there are 27 judicial departments and many courts in each one; cases were concentrated in 47.4% only 2 very few courts. Litigation cases promoted by 112 out of the 15000 doctors that provides services to the SHI. In 73.7% of the cases, beneficiaries that litigated had a salary that exceed 4 times the minimum wage, and only 3.2% of them had low income. Conclusion: We show how legal appeals might be working as an inverse strategy to the one desired, transferring collective resources belonging to the entire population, towards an specific demand from the most economically wealthy sector of society. As long as access to health care litigation maintains its current individualistic pattern, it will hardly be able to develop its full potential to guarantee effective respect for the collective right to access to goods that beneficiary the whole community.Facultad de Ciencias Médicas2020info:eu-repo/semantics/articleinfo:eu-repo/semantics/publishedVersionArticulohttp://purl.org/coar/resource_type/c_6501info:ar-repo/semantics/articuloapplication/pdf17-22http://sedici.unlp.edu.ar/handle/10915/119943enginfo:eu-repo/semantics/altIdentifier/issn/2582-0435info:eu-repo/semantics/altIdentifier/issn/hdl:11746/10799info:eu-repo/semantics/altIdentifier/doi/10.46619/joccr.2020.3.S3-1004info:eu-repo/semantics/openAccesshttp://creativecommons.org/licenses/by-sa/4.0/Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)reponame:SEDICI (UNLP)instname:Universidad Nacional de La Platainstacron:UNLP2025-09-29T11:28:20Zoai:sedici.unlp.edu.ar:10915/119943Institucionalhttp://sedici.unlp.edu.ar/Universidad públicaNo correspondehttp://sedici.unlp.edu.ar/oai/snrdalira@sedici.unlp.edu.arArgentinaNo correspondeNo correspondeNo correspondeopendoar:13292025-09-29 11:28:20.74SEDICI (UNLP) - Universidad Nacional de La Platafalse
dc.title.none.fl_str_mv Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
title Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
spellingShingle Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
Marín, Gustavo Horacio
Ciencias Médicas
Litigation
Health
Technologies
Medicines
Inequality
title_short Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
title_full Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
title_fullStr Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
title_full_unstemmed Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
title_sort Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis
dc.creator.none.fl_str_mv Marín, Gustavo Horacio
Marín, Lupe
Agüero, Daniel
Marin, Gina
Pagnotta, Mariana
Blanco, Luis
author Marín, Gustavo Horacio
author_facet Marín, Gustavo Horacio
Marín, Lupe
Agüero, Daniel
Marin, Gina
Pagnotta, Mariana
Blanco, Luis
author_role author
author2 Marín, Lupe
Agüero, Daniel
Marin, Gina
Pagnotta, Mariana
Blanco, Luis
author2_role author
author
author
author
author
dc.subject.none.fl_str_mv Ciencias Médicas
Litigation
Health
Technologies
Medicines
Inequality
topic Ciencias Médicas
Litigation
Health
Technologies
Medicines
Inequality
dc.description.none.fl_txt_mv Introduction: The objective of this work is to analyze the characteristics of litigation for access to health’s goods and services in the Social Health Insurance (SHI) of Buenos Aires, Argentina. Method: Descriptive study with analytical stage, performed in SHI, analyzing litigation done by beneficiaries along 15-years period to obtain goods or service from health managers. Variables explored were: Reason for litigation, delay time in case resolution, final result of judicial sentence, judges, lawyers and intervening professionals, income level of beneficiaries who started the litigation. Result: 825 cases were analyzed during the study period according the method described. Demands increased 29.2 ±% per year. Medicines were the goods that most requested legal protection resources (32.5%). 51.9% of these litigations were due to medicines that have less than 24 months of registration by the National Regulatory Agency. The average delay for the final resolution of the procedure was 3.7 months. Judge's sentence was favorable to the beneficiaries in 97.4%. Although there are 27 judicial departments and many courts in each one; cases were concentrated in 47.4% only 2 very few courts. Litigation cases promoted by 112 out of the 15000 doctors that provides services to the SHI. In 73.7% of the cases, beneficiaries that litigated had a salary that exceed 4 times the minimum wage, and only 3.2% of them had low income. Conclusion: We show how legal appeals might be working as an inverse strategy to the one desired, transferring collective resources belonging to the entire population, towards an specific demand from the most economically wealthy sector of society. As long as access to health care litigation maintains its current individualistic pattern, it will hardly be able to develop its full potential to guarantee effective respect for the collective right to access to goods that beneficiary the whole community.
Facultad de Ciencias Médicas
description Introduction: The objective of this work is to analyze the characteristics of litigation for access to health’s goods and services in the Social Health Insurance (SHI) of Buenos Aires, Argentina. Method: Descriptive study with analytical stage, performed in SHI, analyzing litigation done by beneficiaries along 15-years period to obtain goods or service from health managers. Variables explored were: Reason for litigation, delay time in case resolution, final result of judicial sentence, judges, lawyers and intervening professionals, income level of beneficiaries who started the litigation. Result: 825 cases were analyzed during the study period according the method described. Demands increased 29.2 ±% per year. Medicines were the goods that most requested legal protection resources (32.5%). 51.9% of these litigations were due to medicines that have less than 24 months of registration by the National Regulatory Agency. The average delay for the final resolution of the procedure was 3.7 months. Judge's sentence was favorable to the beneficiaries in 97.4%. Although there are 27 judicial departments and many courts in each one; cases were concentrated in 47.4% only 2 very few courts. Litigation cases promoted by 112 out of the 15000 doctors that provides services to the SHI. In 73.7% of the cases, beneficiaries that litigated had a salary that exceed 4 times the minimum wage, and only 3.2% of them had low income. Conclusion: We show how legal appeals might be working as an inverse strategy to the one desired, transferring collective resources belonging to the entire population, towards an specific demand from the most economically wealthy sector of society. As long as access to health care litigation maintains its current individualistic pattern, it will hardly be able to develop its full potential to guarantee effective respect for the collective right to access to goods that beneficiary the whole community.
publishDate 2020
dc.date.none.fl_str_mv 2020
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url http://sedici.unlp.edu.ar/handle/10915/119943
dc.language.none.fl_str_mv eng
language eng
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info:eu-repo/semantics/altIdentifier/issn/hdl:11746/10799
info:eu-repo/semantics/altIdentifier/doi/10.46619/joccr.2020.3.S3-1004
dc.rights.none.fl_str_mv info:eu-repo/semantics/openAccess
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rights_invalid_str_mv http://creativecommons.org/licenses/by-sa/4.0/
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repository.name.fl_str_mv SEDICI (UNLP) - Universidad Nacional de La Plata
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