Lawyer clarifies rights of women diagnosed with breast cancer


Women diagnosed with breast cancer and other types of neoplasms often have unknown rights. According to the lawyer specialized in Medical Law, Ana Lúcia Amorim Boaventura, there is a deadline for starting treatment since the cancer was diagnosed.

“With regard to SUS (Unified Health System), once breast cancer is diagnosed, she has the right to start this treatment within 60 days. This is not just for breast cancer, but for any type of cancer ”, he says.

Another right highlighted by the specialist is in relation to surgery, in advanced cases of the disease. According to Ana Lúcia, at the time of the tumor removal operation, the woman has the right, in the same procedure, to place a prosthesis.

“The legislation understands that this issue of breast removal removes your identity as a woman. She has this right and we know that this is often not done in SUS, although this right exists. In health plans in the same way ”, he explains.

The withdrawal of the Guarantee Fund for Time of Service (FGTS), PIS / Pasep and Disease Allowance are also among these rights. In addition, income tax exemption and free public transport. “As this disease progresses, if it has a poor prognosis, it can progress to disability retirement,” he concludes.

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According to the Ministry of Health, the covid-19 pandemic was the main factor for the decrease in demand for this service, even though the health units have maintained the care and offer of treatment to patients.

Despite the problems brought by the pandemic, the Ministry of Health points out that in 75.54% of the consultations carried out this year, the time of up to 60 days between diagnosis and treatment in all stages of breast cancer in SUS was respected, as advocates Law No. 12,732, of 2012. In 2019, this index was 57.32%. The number of mammograms performed by the Unified Health System (SUS) fell between January and July this year, compared to previous years. The number of mammograms performed until July 2020 was 1.1 million, against 2.1 million in the same periods of 2018 and 2019.

With the slogan Care for the Breasts, Affection with your Body ”, the October Pink 2020 campaign seeks to make women aware of the importance of prevention and early diagnosis of the disease. Under the SUS, control involves early diagnosis in Primary Health Care and mammographic screening.

The recommendation is that women without symptoms or signs of illness between the ages of 50 to 69 years do mammography every two years. When attended at the Basic Health Unit, regardless of the reason for the search, every woman in this age group must be approached for the exam.

According to an estimate by the National Cancer Institute (Inca), an organ linked to the Ministry of Health, in 2020 Brazil will have more than 66,200 new cases of breast cancer, which can evolve in different ways. Therefore, the campaign warns that for women to be attentive to their own bodies.

With information from Agência Brasil


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