The Cluj Court of Appeal has ruled that the Romanian state must take a vital treatment for an aggressive thyroid cancer patient, even if this medicine is not yet included on the official list of the compensated.
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The patient has gained access to therapy through a presidential ordinance, after claiming that the delay of the authorities in the full approval of the therapeutic protocol is practically condemning to death. A single dose of the innovative drug exceeds 20,000 lei.
The judges admitted the request and forced the Government, the Ministry of Health and the National Health Insurance House to ensure the treatment immediately, considering that the refusal of the authorities is unjustified and that they affect fundamental rights such as the right to health and life.
The delay in adopting the Government Decision and completing the therapeutic protocol puts the patient’s life in danger and cannot be justified by the lack of funds or bureaucracy, the court is stated, according to clujust.ro.
Although the National Medicines Agency approved the inclusion of treatment in the list of compensated, the administrative procedures were blocked at government level, leaving the patient without access to an essential therapy.
Alarm signal for authorities
Magistrates also draw a powerful alarm signal: the state must accelerate the update of the lists of compensated oncological treatments. According to the court, the lives of patients cannot wait for months or years until the bureaucratic regulation of already scientifically validated therapies.
The decision of the Cluj Court of Appeal is enforceable, which means that the authorities must implement the decision immediately. However, it can be challenged within 5 days of pronouncement.
