Right of Petition Nursing
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ScribdTranslationsRight of Petition Nursing
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ScribdTranslationsBogotá, August 15, 2018
Gentlemen
COMPENSAR EPS
E. S. D.
(I ask that it be read and analyzed in its entirety)
REF: RIGHT OF PETITION - NURSING REQUEST, INTEGRAL REHABILITATION MANAGEMENT
HOME PHYSICAL THERAPY, OCCUPATIONAL THERAPY, HYDROTHERAPY, EQUITHERAPY, CHAIR OF
BATHROOM, TRANSPORT NOT ONLY TO MEDICAL APPOINTMENTS, BUT TO VOCATIONAL MANAGEMENT POINTS FOR
OCCUPATIONAL MANAGEMENT, TAKING INTO ACCOUNT THAT IT IS CONSIDERED AS MANAGEMENT
VOCATIONAL AND INCLUSION THE SCHOOL AND POINTS OF PLAYFUL ACTIVITY.
I, Ruth Stella Rodríguez Herrera, identified with Citizenship ID No. 52845378, mother of
Gennesys Karyme Lezama Rodríguez, identified with ID 1007426658, with diagnosis of
spastic cerebral palsy, belonging to EPS COMPENSAR. Exercising the right to
request regarding article 23 of the Political Constitution I kindly ask you to assist:
Provide, authorize, and take into account the health status of the caregiver for the service of
nursing, recognizing Gennesys as a disabled person who, even having complied
At 18 years old, she must continue with her therapies to avoid, among other things, malformations, and
likewise being able to lead a dignified life.
LAW DE PETITION BASED EN THE LAWS TALES HOW:
RESOLUTION 13437 OF 1991 BY WHICH THE ETHICS COMMITTEES ARE ESTABLISHED
HOSPITAL CARE AND THE DECALOGUE OF PATIENTS' RIGHTS ARE ADOPTED:
ART 1... 10. YOUR RIGHT TO FREELY CHOOSE YOUR DOCTOR AND IN GENERAL PROFESSIONALS
OF HEALTH, AS WELL AS TO HEALTH INSTITUTIONS THAT PROVIDE CARE
REQUIRED, INSIDE DE THE RESOURCES AVAILABLE DEL COUNTRY.
The above considering LAW 23 OF 1981
2…….” Consequently, the doctor must consider and study the patient as a person they are, in
relationship with their environment, in order to diagnose the disease and its individual characteristics and
environmental, and adopt the necessary curative and rehabilitation measures. If appropriate, to
knowing it will be able to contribute to health science through the daily practice of its
profession.
AND BASED ON MY DAUGHTER'S DISABILITY, I ATTACH STATUTORY LAW 1618 OF
February 27, 2013
ARTICLE 10. RIGHT TO HEALTH. All people with disabilities have the right to
health, in accordance with article 25 of Law 1346 of 2009. For this, the following will be adopted
The Ministry of Health and Social Protection, or whoever acts on its behalf, must:
a) Ensure that the General Health System in its mandatory plans, Plan 1I Ten-Year
Health, Territorial Health Plans, and the Public Health Intervention Plan
Collectives, guarantee the quality and timely provision of all health services, thus
such as the provision of all services and technical assistance of high and low complexity,
necessary for the comprehensive habilitation and rehabilitation in health of individuals with
disability with a differential approach, and development of their basic activities
daily;
Judgment T-178/11
According to constitutional jurisprudence, the fact that a
prescription signed by a doctor not affiliated with the corresponding E.P.S., not
implies, in itself, that it must be discarded or rejected since, in light of the
depending on the circumstances of each specific case, there could be the possibility that it is binding
for the entity. In general, the Court in situations where doctors
Those not registered who have made a prescription are health professionals.
recognized, who are part of the System and have treated the patient and,
consequently, they are aware of your case, has indicated that the orders given by them
Doctors must be rescued.
REASONS FOR REQUEST WHERE I BASE THIS RIGHT OF PETITION:
I, Ruth Stella Rodríguez Herrera, mother and caregiver of Gennesys Karyme Lezama, patient who...
he suffers from cerebral palsy, and day by day his physical deconditioning and regression are evident
psychiatric; I, the caregiver of the patient and her mother, am presenting a health situation.
what prevents me from allowing myself to lead a dignified life and to help others lead a dignified life
daughter with disabilities.
For some time now, I have been presenting diagnoses of osteochondrosis.
lumbosacral, hypertrophic osteoarthropathy, DEGENERATIVE LUMBAR DISC DISORDER plus sacroiliitis
left, DIAGNOSES GIVEN BY PROFESSIONALS ATTACHED TO YOUR EPS, given my condition I have been
evaluated by the pain clinic where I have been injected more than four times in the eps facilities
Compensate, infiltrations that only alleviate the pain for a period of three months.
Given my condition, I have requested on several occasions from my daughter's rehabilitation boards and from
I need the help of a nursing assistant to assist me with the strength to change my diaper.
daughter, movements and other daily activities that require effort considering the
my daughter's weight and her age.
Being DENIED, "SINCE THE EXPLANATION FOR THIS DENIAL IS THAT THERE MUST BE A RELATIVE TO HELP
WITH THIS TASK" GENTLEMEN COMPENSATE AND WHEN YOUR ONLY FAMILY NUCLEUS IS YOU AS A MOTHER
AND CAREGIVER, WHO ELSE DO YOU TURN TO? OR WHICH INSTITUTION DO YOU WANT TO LEAVE MY DAUGHTER IN ABANDONMENT?
UPON HAVING AN EXHAUSTED STRENGTH TO CONTINUE TAKING CARE OF MY DAUGHTER? IT IS ALSO CLEAR THAT FOR
THE DOCTORS ASSIGNED TO EPS COMPENSAR THE VALUE OF THIS SERVICE IS MORE IMPORTANT
GENERATE TO THE EPS, THAT SAME CONDITION OF THE PATIENT AND THEIR CAREGIVER.
After hearing this many times, and being clear that my condition is true and validated
in front of the doctors of her health insurance, she chose to request a SECOND opinion from a professional.
ASSIGNED TO EPS COMPENSAR DOCTOR LEONARDO HERNANDEZ NEUROLOGIST R.M 253079/2006, a
NEW OPINION, and that I assess my daughter's condition, and value my exams and my humanity as a person.
current health situation, requesting NURSING SERVICE 12 HOURS, physical therapy, occupational therapy,
language, hydrotherapy, equine therapy once a week, (THERAPIES THAT I CANNOT PROVIDE MYSELF AS
CARETAKER, WHAT DOES IT INTEND TO COMPENSATE, WITH THE EXCUSE THAT THE CAREGIVER MUST PROVIDE IT?
BECAUSE CAREGIVERS ARE TAUGHT TO DO THEM FOR THAT REASON), IN THE SAME WAY, THE SUPPLY OF THE
TOILET CHAIR.
Considering that the professional is not affiliated with the EPS Compensar, I remind you to
You have the Judgment T-178/11, where it is clearly stated that it is also a professional, who
request the orders, as it is necessary for these orders to be issued by a
specialist, whether neurologist, physiatrist, psychiatrist, or oncologist.
I also inform to compensate that I will not accept any type of third-party opinions since it is
of course THE OPINION OF THE DOCTORS WHO ARE HIRED UNDER YOUR
POLICIES, CALL IT MEETINGS OR APPOINTMENTS AND OTHERS, AND THAT I HAVE ATTENDED ALL
THE MEETINGS WHERE THE ONLY THING I RECEIVE IS THE PHRASE 'YOU HAVE TO'
DOING THE THERAPIES AT HOME AND THE LITTLE GIRL DOES NOT HAVE GASTRO TO WHAT
A NURSE HELPS YOU" "WE DON'T HAVE THE BLAME THAT YOU ARE
SICK" for this reason, I hope the opinion of the treating physician is taken into account.
assigned.
Even with the above clear, on August 14th, we attended the meeting of
Rehabilitation at the Roosevelt Children's Orthopedics Institute, where the board is clear in stating that
the girl must have HOME physical therapy, and likewise where the overload is indicated.
Caregiver but it is clear that there is no actual help plan, meeting where therapies are requested.
home physicals, which were no longer given under the pretext that THE GIRL IS A GIRL
WHAT DOES SHE STUDY??? But I request that these be provided immediately since if the patient studies,
It is clear that he has an underlying illness which will never disappear, but will increase.
its tone and its spasticity, and BE CLEAR THAT STUDYING IS NOT A CRIME, AND THAT
WITHIN THE MEETINGS IT IS ALWAYS REINFORCED THAT THIS IS SOCIAL INCLUSION
FOR MY DAUGHTER, then it is contradictory on your part to deny the service using this.
pretext, likewise in the mentioned meeting it is indicated that a treatment must continue instead of
integral way, since the important appointments that my daughter requires in psychology are given every
two months and if there are any appointments available in La Paz.
They request that Gennesys be included in a recreational plan as they indicate that she cannot leave school.
For this reason, it is clear that Compensar provides transportation services only for appointments.
Keep in mind that attending school is social inclusion, and recreational activities are guidance.
vocational, which are considered fundamental in Gennesys' psychological health, to
validate your high level of depression and anxiety that you manage.
REQUEST:
It does not violate the right of a daughter to lead a dignified life.
Authorize the nursing service for 12 hours
Continuously authorize the requested therapies and the requested rehabilitation.
AUTHORIZE THE BATHROOM CHAIR THAT IS NECESSARY FOR YOUR DAILY HYGIENE.
Authorize the transfers corresponding to recreational activity and social inclusion (school).
Authorize continuous psychological and psychiatric treatment.
According to regulations, I expect a timely and positive response to this within the
stipulated terms.
Attached medical history, medical request, caregiver's medical history, request and meeting of
Roosevelt.
With a copy to the Ministry of Health,
Supersalud Copy.
In response to the address STREET 51 BIS SOUTH N 78 G 84 of the Catalina Kennedy I neighborhood sector CEL.
3016107600 years old at the runorsrh82@gmail.com.
Sincerely.
RUTH STELLA RODRIGUEZ HERRERA
C.C 52845378