Lawsuits for the access to medicines: the patients health, the healthcare or the industry health?

• Grant number: 06/61915-2
• Support Opportunities: Research Grants - Research in Public Policies for the National Health Care System (PP-SUS)
• Duration: May 01, 2007 - June 30, 2007
• Field of knowledge: Health Sciences - Collective Health - Public Health
• Convênio/Acordo: CNPq - PPSUS
• Principal Investigator: José Sebastião dos Santos
• Grantee: José Sebastião dos Santos
• Host Institution: Secretaria Municipal de Saúde (Ribeirão Preto). Ribeirão Preto , SP, Brazil

Abstract

Medicines, important tools for human life, are linked to high mortality rate due to healthcare professionals' inadequate practices with consequent financial loss. This preventable problem is reduced by the promotion of access to medicines, rational drug use and clinical pharmacy practices. For effective use of medicines, individuals should have access to pharmaceutical products. Health is a worldwide human right guaranteed by law to all Brazilian citizens (Brazilian constitution of 1998). Government takes full responsibility for actions that ensure the population healthcare. If one does not get access to medicines by the national health system (SUS), the user has to pay for them or go to the courts to guarantee their constitutional law. This judicial process for healthcare can give more importance to individual interests in contrast to public ones, spoiling important resources and impairing political system decision making and public impact. Medicines procurement needs for execution of court orders have aggressively increased in the last years. In this study, it is intended to characterize the profile and demand of the claims and charges of individuals suing the state of Sao Paulo, the perceptions and expectations of the actors involved (patients, judges, prosecutors, physicians, health managers, pharmacists), the identification of possible causes and tendencies to understand the needs of the municipal district healthcare system. It will be analyzed a survey of medication procurement sues in 645 municipal districts of Sao Paulo state through report of the district pharmacist and lawsuits of Ribeirão Preto city since 1999 will be quali and quantitatively evaluated. Arguments for planning and elaboration of strategies that reduces pharmaceutical lawsuits and impacts in the healthcare management will be brought up and discussed. (AU)