Virginia

Carlos Diaz
Centreville, VA

Belarmino and Marta Diaz brought their 3-month-old son, Carlos, to the hospital for needed surgery to repair a hernia. But Carlos never made it to surgery because his anesthesia was not correctly administered. Afterward, his heart stopped beating for a half hour while doctors tried to revive him. By the time they got him back, Carlos had lost so much oxygen that he suffered severe brain damage. He is now in a vegetative state.

Carlos' future medical care at the time of injury was estimated to cost $3.1 million. However, their settlement was limited by Virginia's insurance industry-backed medical malpractice cap. Carlos' father works 60 or more hours a week at two jobs to pay the bills and his mother, Marta, quit her job to stay home and care for Carlos full-time. The family must also rely on public assistance for Carlos to help afford his medical care.

Bethany Scollick
Charlottesville, VA

Jennifer Scollick brought her 21-day-old baby, Bethany, into the emergency room because she had been vomiting and had not eaten for almost two days. Despite a high possibility of dehydration, Jennifer was told to sit in the waiting room until they could be seen. Bethany began to look sicker while they were waiting, and Jennifer went to the desk to tell the nurse several times. She was told to have a seat, and that everyone was an emergency. Five hours later a doctor finally saw Bethany, but it was too late.

During the long wait in the ER, Bethany suffered a disabling stroke that has deprived her of any meaningful mobility and most of her senses. Pictured left in her mother's arms, Bethany is now three years old, but has the mental capability of a 3 month old.

May 2005