Zack Ball

Ten years ago, Zack's life changed forever...and so did mine. My son's neck was broken in a tragic head on collision. He was sent to three different hospitals in one day and discharged and sent home three days after the accident. We were told he would make a full recovery. He would be that happy, bouncing two year old once again despite having to wear a halo on his head.

But he wasn't responding – I knew my child and they didn't. I trusted the doctors as we all do so I thought I should wait as they told me to do. The real tragedy that still haunts me as a mother is that all of the health care professionals missed the spinal cord injury that could have caused his death, but has left him paralyzed from the chest down. They did not do a simple MRI despite warning signs that should have warranted investigation into the initial diagnosis. Calls were made to doctors, calls were not returned. A nurse called the doctor, and her phone call was unanswered.

A slow progression of a hematoma, that had formed on his spinal cord, cut off his blood supply and oxygen to the cord. That in turn killed the nerves and caused his paralysis.

"Your son will most likely never walk again" will burn forever in my heart because I felt the loss of the child I knew. No child should have to endure what Zack has because of other's negligence.

The thought of a law suit was very scary to me and it became part of the nightmare. His medical debt rose to over $1,000,000 in a nine year period. We finally settled out of court and that debt was repaid. That settlement has allowed the handicapped accessibility to our home that improves the quality of his life and the life of my entire family. I worry every day about Zack but the financial strain and anxiety has mitigated. You should know that the minute anything is labeled handicapped, it comes with an enormous price tag. Capping non economic damages in Zack's case would have been disastrous.

Capping damages simply strips the rights of victims. The courts are our only access to justice. Your job needs to be improving our health care system to better protect patients from becoming victims. My job continues to be taking care and loving my son Zack. A sign hangs above his bedroom door that I believe to be true. "It's Never Too Late to Be What You Might Have Been." This is the hope we all hang on to. His life has been improved because he was able to sue and was compensated for others' errors. Capping damages is simply unjust and unfair.