Public apologies, return the money withheld and $ 5,000 more for non-pecuniary damage, among measures that the IESS and Teodoro Maldonado must comply with to a user who had pensions seized | Community | Guayaquil

It all started in 2010 when a user was treated for breast cancer. In 2017, the Ombudsman’s Office filed an action in Guayas. Now, there is a final flaw.

August 11, 2021 – 4:21 p.m.

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Administrative glosses were initiated against him for employer liability. She had received medical care to treat breast cancer between 2010 and 2012 at the Teodoro Maldonado Carbo hospital, of the Ecuadorian Social Security Institute (IESS), south of Guayaquil.

And to collect those glosses (through coercive action) all the pensions he received for disability and montepío were retained and completely seized, according to the affected party. This is the case of Doris Escobar. For this reason, the Ombudsman’s Office presented in April 2017 a protection action in favor of the user of the IESS and against the authorities of the IESS and the then general manager of Teodoro Maldonado, “for the violation of the rights of Mrs. when initiating administrative glosses for employer responsibility against him ”.

At that time, Zaida Rovira Jurado (surrogate Ombudsman) was the general coordinator of Zone 8 of the Ombudsman’s Office and presented that measure to protect Doris. And after the case went through several stages, the Constitutional Court declared that there was indeed a violation of the rights to health, social security, legal security and a dignified life of the affiliate.

The reparatory measures that must be complied with were notified last week, says the Ecuadorian Ombudsman’s Office in a statement.

In the judgment of the Constitutional Court, the Teodoro Maldonado Carbo hospital is ordered to issue public apologies to the affected party, as part of the satisfaction measures, which must be complied with within 30 days of notification of the ruling. But they are not the only ones, there are other measures,

One is that of non-repetition, that is, so that cases like this do not occur again, where the hospital “must review its internal regulations, instructions and organizational processes, and in five months it will notify the (Constitutional) Court of the changes to that people who meet the requirements are beneficiaries of health insurance and are not deprived of this right because they are in arrears with their contributions ”, reads part of the statement from the Ombudsman’s Office.

Also, as a measure of non-repetition, the hospital must carry out an internal investigation to determine whether the payment of contributions in arrears is required to receive medical health care, which is a right of the affiliated persons, within a period of five months. And they must disseminate the sentence to those who work in the area of ​​attention to citizenship.

The IESS, within 30 days, must nullify all administrative glosses that generated Doris Escobar. And likewise, all the securities that were detained or seized from you have to be returned to your bank account as a measure of restitution.

Another measure of satisfaction in favor of the affected person is to grant, with her express consent, a psychological care program to overcome what happened, in addition to public apologies.

Additionally, within a maximum period of two months, the IESS must pay Doris $ 7,694.39, through a bank deposit, plus $ 5,000 as compensation for non-pecuniary damage.

The social security entity must also inform the Court of all the actions applied to comply with the sentence, and as non-repetition measures. And the officials in charge of the coercion processes should also be aware of this so as not to repeat that event. (I)

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