We represented the Auna Group in multiple consumer complaints before the National Superintendence of Health (SUSALUD) related to the provision of medical services, oncology insurance plans, among others. We are currently in charge of more than 80 procedures between the various companies of the group (Clínica Delgado, Oncosalud, Oncocenter, Clínica Bellavista, Clínica Miraflores, etc.) with a high rate of favourable results.

Clinica Delgado, one of Peru’s top clinics, faced a medical malpractice lawsuit related to a kidney transplant surgery involving complex anatomical variations. In this proceeding, we obtained an acquittal on all charges due to the high level of specialisation of our client’s transplant centre and their compliance with the medical guidelines and protocols applicable to this type of intervention. This favourable outcome obtained in SUSALUD saved our client from paying a fine in excess of S/. 5,00,000.00 soles.

This case was challenging due to the complex technical and medical discussion, as well as legal proceedings initiated by the complainant. Coordinated defence actions were required in all jurisdictions where the dispute was contested, both civil and criminal. Coordinated defence actions were required in all jurisdictions where the dispute was contested, both civil and criminal.

We highlight a group of proceedings in which we have been accused of allegedly cancelling contracts without prior notification in cases where coverage was suspended due to non-payment.

In these proceedings, we achieved an important change of criterion. SUSALUD now recognises the existence of two assumptions for the suspension and annulment of insurance contracts due to non-payment, in line with the provisions of the Insurance Contract Law.
Our client was able to avoid fines exceeding S/ 3,000,000.00 soles thanks to
the favourable pronouncements obtained from SUSALUD.

Another procedure followed by the National Superintendence of Health was an alleged unjustified delay in medical care for a patient in the emergency area. The authority considered that the patient’s assessment did not take into account the fact that they had suffered a traffic accident resulting in traumatic brain injury and polytraumatism, making it a Priority I emergency.

In this procedure, we achieved an acquittal of all charges by proving the statute of limitations of the sanctioning power of the administration. This favourable pronouncement obtained in SUSALUD prevented our client from paying a fine of more than S/ 1,500,000,000 soles.