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DPE apura possível omissão do Estado em serviço de hemodiálise.

MANAUS – A Defensoria Pública Especializada na Promoção e Defesa dos Direitos Relacionados à Saúde da DPE (Defensoria Pública do Estado do Amazonas) instaurou Procedimento para Apuração de Dano Coletivo (Padac) para investigar a omissão do Estado do Amazonas no oferecimento de procedimentos que necessitam da utilização de máquina de hemodinâmica. A intenção, caso seja constatada a omissão, obrigar o Estado a oferecer o serviço em quantidade compatível com as demandas atualmente existentes. O procedimento poderá embasar a DPE para o ingresso de uma possível ação civil pública contra o Estado.

Assinado pelo defensor público Arlindo Gonçalves dos Santos Neto, responsável, o Padac foi instaurado pela Portaria nº 02/2017-DPE-AM/Saúde. A DPE pede que a Susam (Secretaria de Estado da Saúde do Amazonas) preste informações sobre a relação de tratamentos que necessitem do uso do aparelho de hemodinâmica; as filas respectivas do Sistema Nacional de Regulação (Sisreg); providências de contingência adotadas; relação de pacientes que tenham sido prejudicados em razão da espera e providências que estejam sendo adotadas para sanar o problema.

A Defensoria argumenta que o único aparelho de hemodinâmica existente na rede pública de saúde do Estado encontra-se com defeito, aguardando manutenção desde dezembro de 2016, sem providências efetivas por parte do Estado, até o momento.

O defensor Arlindo Gonçalves explica que o objetivo do Padac é reunir provas para que, não sendo possível uma solução extrajudicial, a Defensoria possa vir a mover uma ação civil pública. “Uma das possibilidades do Padac, que é um procedimento administrativo, é levar ao fechamento de um Termo de Ajustamento de Conduta (TAC) para solucionar os problemas”, disse.

Para a instauração do procedimento, o defensor público levou em conta, ainda, a crescente procura pela Defensoria Especializada por parte de pacientes do Sistema Único de Saúde (SUS) sem perspectivas para a realização de procedimentos que necessitam do uso de aparelho de hemodinâmica. A Defensoria considera, também, que o Hospital Universitário Francisca Mendes é o único da rede pública de saúde do Estado apto a realizar exames e procedimentos médicos de alta complexidade em hemodinâmica, além de possuir a estrutura necessária e habilitação junto ao SUS para atendimento de todos os pacientes na rede atendendo pacientes do Amazonas e Estados circunvizinhos, realizando procedimentos vasculares, neurológicos e cardiológicos.

A Defensoria também justifica a necessidade de abertura do Padac pelo fato de que, anteriormente à apresentação do defeito no aparelho, o Estado, em contenção de gastos, já havia determinado a suspensão do contrato de manutenção do equipamento e que o acesso à saúde é um direito fundamental assegurado a todos os cidadãos, devendo ser garantido pelo Estado.

Na portaria de instauração do Padac, o defensor público pede que sejam comunicadas sobre o procedimento de apuração as Defensorias Especializadas de Atendimento a Interesses Coletivos e de Promoção e Defesa dos Direitos Humanos e de Atendimento Cível.

Também devem ser comunicados Ministério Público Estadual (MPE) e Ministério Público Federal (MPF), para uma possível atuação conjunta, além da população do Amazonas, em geral.

O Tribunal de Contas do Estado (TCE) também deve ser oficiado sobre a possível ocorrência de gastos sem o devido planejamento pelo Estado na saúde.

 

Fonte: Amazonas Atual.

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