Newsletters/Litigation

COVID-19 Practical Legal Guide

With the aim of providing clear and concise responses, Bergstein has prepared a practical legal guide with most frequently asked questions about COVID-19. The guide discusses hot topics on employment law, contracts and taxations.

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Struggle for Life: Access to High-Cost Medicines

Among the challenges faced by the Law, few are as complex as the one that brings into play the right to life of an individual. A Civil Court of Appeal (the “Court”) recently upheld a first instance ruling which had obliged the Ministry of Public Health (the "Ministry") to provide high cost medicines to a patient for the treatment of a chronic disease. The Ministry has consistently maintained that it must only provide the medicines previously approved by the same Ministry, and that the unrestricted provision of high-cost medicines jeopardizes the financing of the entire health system. The Court rejected such rationale. According to the Court, the Ministry has the duty to take the necessary measures to effectively protect the health right of all individuals. The Ministry cannot ignore the health right provided in the Constitution by denying an individual the access to a medicine that he/she needs for his/her medical treatment. Especially since the basis of such a rejection lies in the fact that the medicine required is not included in the coverage plan that the same Ministry has established (and periodically updates). In sum, the Court deemed that every individual has the right to access to all the health services ordered by his/her treating physician; pursuant to the judgement, where an individual does not have the economic means to afford such services, the Government must assist him/her in accordance with the provisions of the Constitution. ___________________ The above communication has been prepared just for information purposes. It cannot be construed as legal advice provided by Bergstein Abogados. Should you have any further questions, please feel free to contact Leonardo Melos (lmelos@bergsteinlaw.com) and/or Analía Fernández (afernandez@bergsteinlaw.com).

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The True Causes of the Death of a Family Member: Do We Have the Right to Know Them?

In a recent judgment, a Civil Court of Appeal concluded that the violation of the right to access in a timely manner to the truth about the causes of a family member death, trigger damages. In the case, the victim had died because of a traffic accident. However, the family detected irregularities in the autopsy carried out by the forensic medical expert, and requested a second one. This second autopsy was conducted after fourteen (14) months, but its results were conclusive: the new forensic team found that the corpse had never been submitted to any previous autopsy at all, and that the cause of death was different from that indicated by the first forensic report. In the opinion of the Court, the lack of certainty and possible commission of unlawful conducts by the forensic medical expert, determined a serious violation of the right to have a peaceful morning. According to the Court, this is a right inherent to any human being, reason why the Court ruled against the Judicial Branch -to whom the forensic medical expert reported- for the damage caused to the family. In sum, the privation of the legitimate right to know the truth about the cause of death of a loved one, causes moral damages that must be repaired. ___________________ The above communication has been prepared just for information purposes. It cannot be construed as legal advice provided by Bergstein Abogados. Should you have any further questions, please feel free to contact Leonardo Melos (lmelos@bergsteinlaw.com) and/or Silvina Vila (svila@bergsteinlaw.com).

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