The Federal Chamber of La Plata has taken a significant step in favor of vulnerable individuals facing health care challenges. In a ruling against Swiss Medical, the private medicine company has been ordered to limit monthly increases to the Consumer Price Index (CPI) prepared by the National Institute of Statistics and Censuses (INDEC). This decision comes after an elderly couple undergoing cancer treatment raised concerns about the increasing cost of their prepaid medical services.
The judges of Room III of the Federal Chamber of La Plata, Carlos Vallefin and Roberto Lemos Arias, emphasized the importance of considering situations of vulnerability, such as serious illnesses, in determining the admissibility of required measures. They highlighted that the prepaid fee, which now represents 30% of the average salary, was becoming unmanageable for many individuals.
The ruling also addressed the broader issue of increases in prepaid plans across the country, citing a significant number of cases seeking judicial protection from rising costs. The judges stressed the need for an objective guideline, with the CPI being identified as a suitable index for determining fee updates.
In the case of the elderly couple, who were at risk of having their assets depleted by the increasing prepaid fees, the Court deemed it necessary to intervene to protect their right to health and dignified living. As a result, the defendant prepaid company has been instructed to limit fee increases in line with the CPI until a final ruling is made.
This ruling sets a precedent for future cases involving vulnerable individuals in need of medical care, emphasizing the importance of preserving their rights and ensuring access to necessary services without undue financial burden.