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Table 4 Main characteristics of lawsuits, 2010 a 2014, SES/SP

From: Legal access to medications: a threat to Brazil’s public health system?

Variable Prevalence (%) Importants obervations Consequences
Categories of the items claimed Medications 62,0 8.9% of cases, the court required medication from a specific manufacturer. These demands did not follow the SUS regulations, and did not respect public policies, particularly PA policies.
3.5% were not available on the Brazilian market. These demands did not follow the SUS regulations, and did not respect public policies, particularly PA policies.
30% of the medications involved in court proceedings were supplied via PA programmer. These demands did not follow the SUS regulations, and did not respect public policies, particularly PA policies.
Most demanded drugs: insulin glargine and insulin asparte, both have not been incorporated into the SUS because of its low efficacy and cost effectiveness. These demands did not follow the SUS regulations, and did not respect public policies, particularly PA policies.
The increase in the number of lawsuits, preceding the incorporation of the item into the SUS.
Type of service that the medical prescription was drawn up Private clinic 47,8 The most of the prescriptions were derived from private clinics. Doctors’ unfamiliarity with the SUS prescribing treatments (protocol), the lack of agreement between professionals and SUS protocols, or the SUS inability to quickly incorporate new health technologies.
Type of lawsuit Normal proceeding 61,4   Demonstrating the individual nature of these claims.
Identify of the person who filed the lawsuit Private lawyers 64,2   Demonstrating the individual nature of these claims, and this data denotes the socioeconomic level of the claimants.
Responsibility to care of lawsuit State of São Paulo 62,0   Contrary to laws, norms and protocols of the SUS.
Gini index
Lawsuits per lawyer. 0.67 Inequality in the distribution between the number of cases and lawyers and the number of lawsuits. Concentration of lawyers and physicians in filing lawsuits. Evidence that there are groups of lawyers and prescribers “specialized” in these actions.
Lawsuits per prescriber. 0,66 Inequality in the distribution between the number of cases and prescribers and the number of lawsuits.