Posts Tagged advocacy

The Legal Rights of Cancer Patients

Your rights as a cancer patient are covered by the laws listed below.

Consider this a jumping off point to your advocacy. If you are unable to self-advocate then utilize your personal advocate as recommended in the Battling Cancer archives article Patient Advocacy.

The Americans with Disabilities Act of 1990: Basic guidelines of the ADA include:

  • Employers may not discriminate against a person with cancer or a history of cancer.
  • Employers must provide “reasonable accommodations” in the workplace for qualified employees with a disability.
  • An individual with a disability must be able to perform the “essential functions” of the job with or without reasonable accommodation.
  • Employers may ask only job-related medical questions.
  • Employers will treat all employees the same.
  • What is reasonable accommodation? It requires employers to modify an employee with cancer’s job responsibilities and or hours while they are undergoing treatment and beyond. This may include modification of work equipment or allowing an employee to come in late and make up the hours during treatment. Employers are not required to make changes that would require an undue hardship on the business.

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    Cave Days

    cave.jpgNo matter how much you educate yourself, how much you prepare for battle in every way; there will still be days you feel like crawling into the cave and giving up.

    You had those days before you had cancer and its normal to have them now.

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    Friday Follow Up

    Since Wednesday’s post on Cancer in the News, I’ve talked to several authors and publicists regarding books featured here. Next week, thanks to their generosity, I will be giving away books.

    Until then, here is a sneak peak.

    I will be giving away a copy of New York Times, best selling author, Sherryl Woods’ new release, Seaview Inn.

    From Publisher’s Weekly, “New York PR exec Hannah Mathews is in remission from the same disease that claimed her mother’s life months before: breast cancer. She heads south in an attempt to persuade her 85-year-old grandma, Jenny, to sell the Seaview Inn, the Florida Keys resort owned by her family for decades, and move into a retirement home. Spry and headstrong, Grandma Jenny isn’t ready to be put out to pasture, intending to spruce up the inn and reopen for business. Hannah’s daughter Kelsey, turns up pregnant; she plans to drop out of college, live at Seaview and put her baby up for adoption. Surgeon Luke Stevens, Hannah’s high school crush, shows up shortly thereafter, fresh from a stint in war-torn Iraq and carrying his own set of emotional baggage. A seasoned romance novelist of more than 100 titles, Woods is a master heartstring puller, and her endearingly flawed characters must deal with their plethora of problems in a predictable but satisfying manner.”

    Additionally, check out Sherryl’s blog, Just Between Friends, where she recently held a contest and donated funds for the Susan G. Komen:For The Cure, in honor of a survivor or in memory of a loved one who lost the fight against breast cancer, and features stories from the contest on the blog.

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    Patient Advocacy

    Who is your advocate?

    Unfortunately, when you are feeling your worst is when you must be your most diligent. The battling cancer war includes a few small skirmishes along the way. No matter what your battle plan you should have help in the form of an advocate.

    Here are just some of the reasons why.

    1. Inputting information:You’ve just been diagnosed with cancer and you’re being overloaded with new terminology and massive amounts of information. Your advocate will be taking notes in the doctor’s office, at the clinic and anywhere you are introduced to new information. You can sit back and let your head spin.

    2. Health care decisions: Post op, as you struggle with your nasogastric tube is not the time to wonder what your doctor said about treatment options, or where your notes are on side effects of that new pill you took or to hope you have the strength to surf the web for information. Your advocate can help you sift through information, do research and assist you in making the best decision possible for your care.

    3. Your barrier: The health care advocate is the person who stands between you and the world. Your advocate is the person who gets up and approaches that intimidating clerk in the waiting room and reminds them you have been waiting an hour. They will also block the door to your room when you are napping and someone wants to scrub your floor. Enough said.

    4. Mistakes happen: No one likes to discuss mistakes, especially not your caregivers. But as long as there are humans, there will be human error. Your advocate has your medical history and can double check every pill brought to you and every IV bag that is hung.

    5.Dealing with red-tape: The maze of insurance and hospital bureaucratic regulations is overwhelming when you feel 100%. Let your advocate play phone tag and chase paperwork from simple pre-qualification details to following up insurance payments.

    6. The squeaky wheel gets greased: Here’s a little secret from the nurse’s break room. The patient with the annoying friend who keeps pushing the call button for pain meds exactly when they are due, is likely to get the nurse’s attention first. I’m not saying this is fair but then again, the cancer patient already knows life is far from fair.

    7. Hand holding: There is much to be said for the simple human touch. Consider how much time passes in the typical hospital day without human touch–real human touch, not clinical touch, as though you were inanimate. The simple squeeze of a hand communicates far more eloquently and contributes more to your recovery than words.

    How to Find an Advocate:

    Consider who you trust and who you would be willing to be an advocate for if roles were reversed. Sometimes several close friends are willing to share your advocacy.

    Additionally there are professionals whose job is patient advocacy; these include private duty nurses. They’ll put your needs first because they are being paid to. Ask you hospital social worker or doctor if they can recommend someone.

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