Lawyer for ICU beds and surgery · SPD Advocacia
No ICU bed or surgery through the SUS? Lawyer to file in court
We serve patients' families in Anápolis, Goiânia and all of Goiás. If it is an ICU bed or a transfer, message us now on WhatsApp. In other cases, tell us about the case here and send the medical report.
Straight answer
Can the courts order SUS to provide an ICU bed or surgery?
Yes. When the doctor recommends ICU, transfer or surgery and the wait puts the patient's life or health at risk, the courts can order the State or the municipality to provide the bed, the transfer or the procedure, including through an injunction. If there is no bed in the public network, the decision may order admission to a private hospital, paid for by the government, depending on the case. The request needs a medical report and, if there is one, the request number in the regulation system.
Which cases
Most common claims against the SUS in Goiás
ICU bed, specialized bed, surgical bed and ward admission.
Transfer to a hospital specialized in cardiology, neurology, oncology or trauma, and from the UPA (urgent care unit) to the hospital.
Orthopedic, vascular, cardiac and emergency surgeries, and elective surgeries stalled in the queue.
Hemodialysis, neurosurgery, specialist appointments and tests that the referral system doesn't schedule.
What the law guarantees
When the government can be required to act
The Constitution states that health is a right of all and a duty of the State (art. 196). ICU beds, transfers and surgeries under SUS (Brazil's public health system) go through the regulation center, which organizes the queue by severity. When the wait puts the patient's life or health at risk, or when the request is stalled without justification, the courts can order the bed, the transfer or the surgery.
The Federal Government, the State and the municipality are jointly liable in health cases, and the judge directs compliance to the responsible one (STF, Theme 793).
If no bed is available in the SUS, the court order may require admission to a private hospital, with the cost paid by the government, depending on the case.
Up to 60 days to start treatment after diagnosis and up to 30 days for tests when cancer is suspected (Law 12,732/2012).
In urgent cases, NatJus Goiás has up to 24 hours to respond to the judge (the unit's Ordinance 01/2025).
Sources: Federal Constitution, art. 196; Law 8,080/1990; Law 12,732/2012, with Law 13,896/2019; STF, Theme 793 of general repercussion.
What is your case?
Situations the firm handles
ICU bed
Patient in an emergency unit (UPA), ER or ward with an ICU referral and no bed released by the regulation system.
Request for an injunctionTransfer to a specialized hospital
Patient who needs cardiology, neurology, oncology or another service the current hospital does not have.
Request for an injunctionSurgery that cannot wait
Doctor's recommendation for surgery with risk of worsening, with no date scheduled by the SUS.
Federal Constitution, art. 196Queue stalled for a long time
Orthopedic, vascular, cardiac and other surgeries stuck in the queue with no date, with loss of quality of life.
Review of the specific case60-day deadline
Surgery, chemotherapy or radiotherapy that did not start within the legal deadline.
Law 12,732/2012People with a health plan
When it is the health plan that denies the hospitalization or surgery, different rules apply. See the path.
Law 9,656/1998Step by step
How the firm works
- Immediate contact. In case of ICU or transfer, contact us on WhatsApp and send the medical report as soon as you have it.
- Documents. Report with the indication and urgency, referral request number and medical records or treatment report.
- Request. Lawsuit with a request for an injunction against the responsible public entity. Outside court hours, the courts keep an on-call service for urgent cases.
- Follow-up. NatJus technical note, enforcement of the decision and communication with the hospital.
Case review
Let's review your case
Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
What must the medical report include?
Diagnosis, the patient's current condition, the indication for ICU, transfer or surgery, the risk of waiting and, if possible, the maximum recommended time. The doctor may write it by hand, as long as it is legible, with stamp and signature.
How do I know if the request is in the referral queue (regulação)?
The hospital or UPA usually provides the request number. Ask for this number in writing, or a screenshot, because it helps show how long the patient has been waiting.
How long does an injunction take?
It depends on the judge and on how urgent the case is. In urgent requests, NatJus Goiás has up to 24 hours to send its technical note, and the judge may decide sooner if the situation requires it.
Can the family file on the patient's behalf?
Yes. When the patient cannot sign, a family member or guardian can contact the firm and organize the documents.
What if the patient has health insurance?
If the plan covers the procedure, the request is usually made against the plan. If it doesn't cover it or there is no in-network provider, the case needs to be analyzed.
Can elective surgery also be requested in court?
It can, but the courts usually respect the regulation queue. The request carries more weight when the wait is long and unjustified, or when the doctor documents a worsening.
How much does it cost?
After the analysis, the firm sends a written fee proposal before any engagement.