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.
Replies
I would think a consultation with a good disability lawyer would yield some basics, like using the current agency probably a conflict. I don\'t know though, but see if you can get a free or low cost consult.
Weeble Hugs and Much Mojo to you.
talk to a lawyer before doing anything hugs-Stephanie
Hi Jim,
I really have no knowledge of your accident but I did want to tell you that when I started to address all the sexual abuse in my past, I suffered physical pain as well. I am hoping that your physical pain is being compounded by the emotional pain ( I can\'t believe I just wrote that I hope your pain is being compounded!). Either way, if there was an accident that was due to carelessness or incompetence, you deserve compensation because you are suffering as a result.
I ran into the same challenges, and still, do about making such life-changing, high-pressure decisions. I think it would be a great idea to at least contact a lawyer. Sometimes that is all you need to do and then things roll along nicely. You might find that you can\'t find a lawyer to help you or you might find that someone is very enthusiastic about your situation. I would make a call and start the ball rolling and see how it goes. I believe that the laws are in place to help people like you and me. You have a very valid case here. You deserve to be taken care of with compassion and feel safe.
I dunno about you, but for me it\'s always the very first call that is so difficult.
Your friend,
Sam
You an still use the agency for your care. They don\'t have to know you have contacted a lawyer. In all likely, the lawyer would know what to do about that very situation.
Hang in there, Jim.
I talked with my social worker about this today. He also had mixed feelings. But he made it very clear that having to go through a lawsuit would definitely increase the stress I am under, and that would make my depression much worse. He also said that he believed Medicare/Medicaid would have to understand my situation and the need for extra help because my doctor would explain my situation to them.
He may be right, but I still think that I will feel better if I at least talk with a few other people who have experienced this type of thing. I am hopeful of getting started on this next week. That will be one of the few weeks (in a long time) that I will have had three consecutive days free of medical appointments.
Even if I do this research, I will not let my current home health care agency know anything about it. What they don\'t know can\'t hurt me.