Análisis jurídico y doctrinario de una sentencia de acción de protección, respecto de la vulneración de derechos constitucionales
The present titling work is called: "Legal and Doctrinal Analysis of protection action regarding the violation of constitutional rights", the same one that arises from a second instance resolution that favored the defendant, Ecuadorian Institute of Social Security. This was before the prot...
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| Format: | bachelorThesis |
| Jezik: | spa |
| Izdano: |
2023
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| Online dostop: | https://dspace.unl.edu.ec/jspui/handle/123456789/26023 |
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Označite | Izvleček: | The present titling work is called: "Legal and Doctrinal Analysis of protection action regarding the violation of constitutional rights", the same one that arises from a second instance resolution that favored the defendant, Ecuadorian Institute of Social Security. This was before the protection action presented by the son who is a priority care group for suffering from a catastrophic disease called: Diffuse Non-Hodgkin Lymphoma of Large B Cells of Germinal Center Origin. He requests that the Ecuadorian Institute of Social Security and the Ministry of Public Health authorize the purchase of a medicine called Polatuzumab, which is not included in the National Table of Basic Medicines. This medicine is necessary in order to continue with their ongoing treatment and perform the respective chemotherapy. The sentence handed down in first instance provides that the Health Institutions involved in the analyzed case proceed immediately to purchase the required medication, since it was decided that the rights of the patient were violated by the evidence stated in the lawsuit. The study of the case will allow having a reference or jurisprudence that will be useful to relatives of patients who suffer from catastrophic diseases and who cannot continue with an adequate treatment due to lack of medications that have not been added to the aforementioned medication chart. After an analysis, I have considered that there should be a modification of the Supplement to the Official Gazette No. 60 of August 18, 2017 in Chapter III, article 4, third paragraph; regarding the application or form for the authorization of medications that do not appear in the National Table of Basic Medicines, which are channeled through the Directorate of the General Insurance of Individual and Family Health. In consideration that the previous mentioned process can be carried out directly by the Ecuadorian Institute of Social Security and does not depend on centralized public entities. |
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