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Core practice

Medical and Health Law for professionals and organizations.

Healthcare activity involves technical responsibility, contractual relationships, ethical rules, data protection, and administrative decisions that call for legal attention specialized in the sector's context. MSC provides advisory and litigation services in matters involving professionals, clinics, medical practices, and healthcare organizations.

Three members of the MSC Advocacia team in the firm's waiting area.
Pillars

Eight pillars that organize the health practice.

Each pillar addresses a distinct type of legal risk. In practice, they combine according to the size of the service, the specialty, and the organization's stage.
  • Preventive advisory and risk management

    A legal reading of operations to identify points of concern before they turn into disputes.

  • Contracts and professional relationships

    Instruments that organize the relationships among partners, professionals, service providers, and the healthcare organization itself.

  • Documentation and informed consent (TCLE)

    Consent forms, medical records, and care records suited to the procedure and to the actual care workflow.

  • LGPD and governance

    Processing of personal health data under the LGPD (Brazil’s General Data Protection Law), internal policies, and the responsibilities of those who handle the information.

  • Medical advertising

    Review of professional communication in light of the resolutions that apply to healthcare advertising.

  • Professional ethics proceedings

    Preliminary inquiries and proceedings before Medical Councils, with individualized guidance.

  • Civil liability

    Matters involving medical and hospital liability, with a documentary and technical analysis of the case.

  • Healthcare access matters and health plans

    Coverage, medications, ongoing therapies, hospitalization, and access to procedures.

How the work is organized

Legal decisions tailored to the healthcare setting.

The relationship between patient care, management, regulation, and professional liability rarely fits a ready-made model. The same procedure may require different documentation depending on the specialty, the size of the service, and how the team is engaged.

That is why the work begins by reviewing what already exists: contracts, forms, medical records, care workflows, and internal policies. Based on this review, the analysis indicates what needs to be adjusted, what can be kept, and which risks call for monitoring.

The work covers both the preventive sphere — before a dispute arises — and defense in proceedings already underway, always with a technical understanding of the care context involved.

Tainá Cunha, founder of MSC Advocacia, seated in an armchair in the firm's waiting area.
Health Law

Access-to-care matters and health plans.

Beyond the preventive pillar aimed at organizations and professionals, the core practice also covers access-to-care issues, handled according to the characteristics of each case.
  • Access to medications

    High-cost medications, medications not on standard lists, and cancer medications, within SUS (Brazil’s public health system) or through health plan operators.

  • Hospitalization, surgeries, and ICU beds

    Urgent situations involving hospitalization, hospital transfer, or surgical procedures.

  • Rate increases and coverage denials

    Challenges to contractual rate increases and to coverage denials by health plans.

  • Home care and ongoing therapies

    Home treatment, specialized therapies, and provision of prescribed supplies.

Need a legal assessment of your healthcare context?

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