Urgent Medical Care Lawsuit Against Precarious Health
Urgent Medical Care Lawsuit
Case of Tudus Quebradus v. Precarious Health
Brasilia-DF, September 14, 2010
Case Summary
Tudus Quebradus, a Brazilian public servant residing in Brasilia-DF, files this lawsuit against Precarious Health for denial of essential medical care. Mr. Quebradus has been a client of Precarious Health since 2004, consistently meeting his payment obligations. Despite this, Precarious Health denied his claim for medical coverage on August 15, 2010, citing suspended services due to alleged lack of payment. Mr. Quebradus is facing a severe health crisis requiring immediate surgery and is at risk of death if treatment is not promptly provided. He has submitted proof of timely payments to Precarious Health, but they have failed to reinstate his coverage. This lawsuit seeks an immediate injunction to compel Precarious Health to authorize the necessary surgery and provide the agreed-upon medical care. Mr. Quebradus also seeks damages for breach of contract and the emotional distress caused by the denial of service.
Facts
- Mr. Quebradus has been a Precarious Health client since 2004 with a consistent payment history.
- On August 15, 2010, Precarious Health denied coverage for necessary medical care, falsely claiming non-payment.
- Mr. Quebradus’s condition requires immediate surgery; delay poses a life-threatening risk.
- Proof of timely payments has been submitted to Precarious Health, but they have not reversed their denial.
- Precarious Health’s contract promises nationwide service and agreements with top hospitals, a promise they have failed to uphold.
- Multiple attempts to contact Precarious Health have been unsuccessful, further delaying crucial treatment.
Legal Grounds
- Consumer Protection Code, Article 14: Holds service providers responsible for damages caused by service defects or inadequate information.
- Civil Code, Article 186: Defines unlawful acts as those causing harm through negligence or recklessness.
- Consumer Protection Code, Article 84: Allows for court orders to compel specific performance of obligations.
- Code of Civil Procedure, Article 273: Permits judges to grant preliminary injunctions in cases of clear evidence and risk of irreparable harm.
Requested Orders
- Formal notification (citation) of the defendant, Precarious Health.
- Granting of a preliminary injunction to compel Precarious Health to authorize and cover the necessary surgery and provide ongoing medical care within 24 hours.
- Award of R$20,000.00 in damages for the moral harm suffered by Mr. Quebradus.
- Precarious Health to bear all legal fees and court costs.
- Shifting the burden of proof to the defendant due to the consumer relationship.
Claim Value: R$20,000.00
Legal Representation
Symone Mayan
OAB: 0000001