Cáncer de mama y discapacidad. Criterios de valoración y controversias médico-legales

Abstract

ObjectiveTo assess current Spanish legislation on disability and criteria on neoplastic processes in general and breast cancer in particular and to review the legal conflicts generated by claims for breast cancer-associated disability. MethodsWe reviewed the Spanish legislation on cancer-associated disability in general and on breast cancer-associated disability in particular. We also searched a database on jurisprudence (Westlaw Insignis) to identify the conflicts generated by these issues, the areas of law involved in their resolution, and their trends over time (1999-2012). ResultsAssessment of breast cancer-associated disability should comply strictly with legal criteria and depends on factors such as tumoral stage, response to therapy, residual sequelae, and the patient's adaptation to limitations. In Spain, these issues generate little conflict. Conflicts center on the social sphere and have slowly and gradually increased in recent years. ConclusionsAll the health professionals involved in the treatment and monitoring of patients with breast cancer should be familiar with current regulations and criteria scales for breast cancer-associated disability. A coordinated effort among all professionals affected by this issue is required to optimize resources and end results.