Legal Support Available for Cancer Patients

You May Need Legal Support

Over the years we have found that legal support after a cancer diagnosis is one area that can be helpful. We are fortunate to have some of our sponsoring members from the legal community provide free legal consultations to people who support this group. We encourage you to reach out to these law firms and make use of their free consultations, as with their support we can continue uniting victims and survivors.

Typical questions that our sponsor law firms answer are:

  • Did XYZ drug or device cause or exacerbate my cancer?
  • Did XYZ contribute to my diagnosis and can I sue for medical malpractice
  • Am I eligible for social security disability?
  • Am I eligible for time off under the FMLA?

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OUR LEGAL SPONSORS

We are fortunate to have access to Monheit Law, Banville Law, Markhoff & Mittman, and other experienced lawyers, to help our community.

WHEN SHOULD I LOOK INTO LEGAL SUPPORT AVAILABLE FOR CANCER PATIENTS?

If at some point in the process, you find it difficult to work or important to seek legal assistance, know that you are not alone, and that there is a lot of legal support available for cancer patients. There are several common areas of legal support which are important to know and understand. If one or more of these detailed areas applies to your current situation, seek expert legal help as soon as possible to obtain the assistance you deserve.

PERSONAL INJURY LAWSUITS FOR DEFECTIVE DRUGS AND MEDICAL DEVICES:

Certain drugs and medical devices have been connected to causing or spreading cancer. If you feel that you have been a victim of personal injury due to defective drugs or medical devices, you may be entitled to free legal assistance and compensation, and should contact a qualified attorney as soon as possible to explore your rights. Two recent examples of this are power morcellators, (used in a surgical procedure to treat uterine cancer,) and a drug called Actos, which has been found to cause bladder cancer.

Power Morcellators:

Power Morcellators are devices that have been previously used in the treatment of ovarian cancer which have been found to be significantly dangerous. After many cases alleging that the devices spread cancer in the patients that had used them, both Congress and the FDA have taken note. At this time, the FDA discourages their use in almost all situations.

Taxotere:

Taxotere is a chemotherapy drug used in treating women who have breast cancer. Many survivors have now stepped forward, filing lawsuits against the drug’s manufacturer, Sanofi, alleging that they failed to warn about the risk of permanent hair loss, a condition known as alopecia. Over the last decades, studies have shown that anywhere from 6% to 15% of women who took this form of chemotherapy may suffer from permanent alopecia. For more information on this active litigation, click here.

Actos:

Actos is a drug that is prescribed to patients who have type 2 diabetes in order to help regulate their blood sugar levels, and make their bodies more sensitive to insulin treatments. Unfortunately, long-term use of this medication has been linked to many serious health complications in those taking it, including the development of bladder cancer.

Medical Malpractice: Was Your Diagnosis Delayed?

For individuals dealing with a cancer diagnosis, medical malpractice can mean either a missed diagnosis or a delayed diagnosis. A delayed diagnosis is perhaps the most damaging, as cancer that is treated more quickly has a better overall outlook. A misdiagnosis, however, can be significantly damaging as well. Whether you are told you have cancer when you do not, or you are told that you have a different type of cancer than you actually do, these are major issues that can initiate further physical damage, and emotional pain as well. If you believe that you have been a victim of a delayed diagnosis or misdiagnosis, consult with a medical malpractice attorney immediately to protect your rights.

Social Security Disability: Check Your Eligibility For Benefits

Social Security is something that you contribute to each paycheck during your years of employment. If you have done this, and are now finding it difficult to work, you may qualify for disability benefits. In order to qualify, you must meet the requirements defining ‘disability’ by the Social Security Administration. These requirements can be difficult to meet, but it is possible to use legal representation in order to appeal the decision if you are not accepted. It often happens that people who appeal after being denied disability benefits later gain approval. When an individual gains approval by the Social Security Administration, their benefits do not kick in until they have been considered on disability for at least six months’ time.

Family Medical Leave Act: Protect Your Job During Treatment

The Family Medical Leave Act, also known as FMLA, was created to assist employees by providing unpaid leave from work for specific medical or familial reasons. Certain workers can obtain up to 12 weeks of unpaid leave each year without any risk of losing their job. During this time, their health benefits are also able to be maintained, which works well for individuals taking leave to obtain cancer treatment. Generally, FMLA can be provided through any company with over 50 employees. In order to obtain medical leave, you must have worked for your current employer for over a year, and to have put in about 25 work hours per week. Reaching out to the US Department of Labor can get you state-specific information about when family medical leave is applicable and what your rights are.