Summary Introduction The judicialization of health arose following the possibility of judicially demanding the right to health before national and international courts. In the case of Colombia, health litigation is done through a constitutional tool called the tutela action, which allows for the immediate protection of fundamental rights. Methods A retrospective cross‐sectional study using a probabilistic stratified sample of 1031 users of the tutela actions, in Medellín, Colombia, between 2011 and 2014. Bivariate and multivariate analyses were performed, using statistical tests and multiple logistic regression models. Results According to the respondents, 95.9% of the tutela actions succeeded in favour of the applicant. On average, the judicial process took 10.96 days (SD = 8.09). After the favourable decision of the tutela action, access to health care followed in 76.2% of cases, partial access was found for 14.0% (median, 10 d), and in 9.8% of cases, claimants had not received access to the health care they sought. Conclusion The tutela action is an essential constitutional mechanism that guarantees the access to health services. However, it must be strengthened from the legal point of view through the implementation of monitoring and control actions and by imposing the sanctioning measures and deadlines established in existing legislation.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.