To Sue or Not to Sue

Thursday, June 5, 2008 -- Update   Almost every time I write something in my journal these days, you can almost be perfectly sure about one thing -- the word "pain" will be in it somewhere. I don't really mean to complain so much, but the amount of pain I am having, along with other problems, is taking over my life so much that it is draining me of almost all my energy.   I am now worried about running out of my insurance benefits -- Medicare and Medicaid. The injury to my left ankle and leg occurred back in December. That was almost half a year ago. I am still being treated for that.   The pain has now expanded into my hip and back. No one seems to know exactly how to treat it. The adjustment to my wheelchair seat has only made matters worse. I am getting very frustrated, fed up, and tired of living this way. I don't know how much longer I can stand it.   If my medical treatments are going to continue for an extended length of time, the medical bills are going to start soaring. I don't know if Medicare/Medicaid will cover everything.   I think there is one more option that could help me financially, but I am not sure that I want to go that route. That solution would be to sue the home health care agency, which was providing my care at the time that I sustained the injury. My injury occurred because the CNA who worked for the home health care agency did not follow my doctor's orders.   My psychologist has urged me to try and find a lawyer who works with people with disabilities. She thinks that at the very least, I need to determine how much time can pass by before I will no longer be able to bring a lawsuit. Although I still have mixed emotions about this, tomorrow I am going to try and see someone at another home health care agency that should have the answer to that question.   Part of my reluctance to sue the agency stems from the fact that I am still using it for my care. I would have an awkward feeling suing a company while their employees are still giving me home health care. If they decided to drop me as a client, it would take me a while to find another agency.   This is one of those times when I don't know what to do. While I am pondering that question, I am still trying to maintain as much independence as I can, but all of my worries and pain are dragging me down. Yesterday I felt that I was spiraling downward. I still feel that way today, only more so.