The attorney as the newest member of the cancer treatment team

In a recent survey of cancer patients conducted by the Lance Armstrong Foundation (Austin, TX), nearly half of the individuals surveyed said that nonmedical issues relating to their cancer were unmet by their oncologists, including 35% who said nonmedical issues were wholly unaddressed and another 14% who said they believed their oncologists wanted to assist with nonmedical issues but did not have enough information or experience to do so.

More is being done to integrate basic symptom management into routine cancer treatment, including early intervention for pain, fatigue, adverse effects of treatment, and adjustment to life in anticipation of cancer survivorship. Until now, little has been done to integrate legal advocacy services into the cancer treatment matrix, especially for patients who are medically underserved and from hard to reach communities. Legal problems for patients with cancer are a significant nonmedical need that must be addressed to maintain quality of life during and after cancer treatment and to promote continued access to care.

As the number of cancer survivors steadily increases, many patients still face extended survivorship or progressive illness, often creating complicated end-of-life decisions for the patients and their families and treatment staff. These decisions are often made without the involvement or advice of legal counsel. Traditionally, an historical and outdated tension between physicians and attorneys over contentious malpractice litigation discouraged their collaboration. With the advent of multidisciplinary care, the input of interested attorneys benefits patients and their families, oncology professionals, and the offices and cancer centers where the professionals practice. Other barriers to proactive attorney involvement include the prioritization of the tasks of treatment over personal issues until they impede care, a lack of immediate and easy access to legal counsel, and a lack of knowledge base within the cancer treatment team, delaying intervention until it is too late and the patient is in crisis.