Uruguay Sees Record Lawsuits for High-Cost Medical Treatments Amid Funding Strain

The case of scientist Gonzalo Moratorio, who has resorted to legal action to secure life-saving medication for his brain tumor, is a stark illustration of the growing crisis in accessing high-cost treatments within Uruguay's healthcare system. As reported by El País, Moratorio's situation is far from unique; the number of legal injunctions, known as 'juicios de amparo,' has surged dramatically in recent years.

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Very well these 45 years, but the difficult thing is to maintain this sustainability with the amount of money we have, and the innovation and development that is coming. That balance is difficult and we have to be very strong. Not only in the FNR, but in global prioritization in the system.

These legal battles, often a last resort for patients facing critical illnesses, highlight a significant gap between the treatments available through the National Resources Fund (FNR) and the actual needs of the population. While the FNR, established 45 years ago, is lauded for its regional rarity in providing high-cost care, its sustainability is increasingly challenged by rising treatment costs and the "judicialization of medicine." This term refers to the growing trend of patients suing to obtain treatments not explicitly covered or indicated by the system, forcing public entities to procure expensive drugs under tight deadlines.

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We have to think carefully about how we ensure the FNR continues to function as it has for many more years. One of the risks we have to consider mitigating is the judicialization of medicine, especially in the last 10 years.

From a Uruguayan perspective, this situation raises critical questions about resource allocation, the ethics of healthcare access, and the long-term viability of the FNR. The increasing reliance on judicial intervention not only strains public finances but also creates a two-tiered system where access to essential care is determined by one's ability to navigate the legal system. The data presented by Viviana Domínguez, director general of the FNR, paints a concerning picture of escalating demand that challenges the very foundation of equitable healthcare in the country. The challenge lies in finding a balance between innovation, financial sustainability, and ensuring that all citizens have a fair chance at life-saving treatments, regardless of their economic status or ability to litigate.

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The access of drugs through the judicial route implies that the FNR, the Ministry of Public Health (MSP), and/or the Social Security Bank (BPS), the three demanded organisms, jointly or separately, must provide the treatment to the patient within 24 hours, as established by Law 16.011, on amparo remedies.