Should this woman be able to sue because her baby was accidently switched at the hospital and breast-fed by another woman?
A distraught Brooklyn woman says hospital workers accidentally switched her daughter with another baby just after birth -- and the other mom wound up breast-feeding her child.
Devastated mom Lynda Williams, 33, who said she never smokes or drinks alcohol and wouldn't even sip soda while pregnant, sued Long Island College Hospital after the 2008 incident, demanding to know if the other woman who breast-fed her daughter was healthy.
"I asked, 'Did she smoke during pregnancy? Did she drink? Does she have any disease? Can I meet her?' " Williams told The Post yesterday.
But Williams said hospital staffers refused to divulge anything about the other woman because of privacy laws, and the courts have since sided with LICH, noting the child, now 3, is healthy, so it's a nonissue.
"I was very upset, [saying,] 'You guys gave my baby away, and how can you now tell me you're going to protect her privacy?' " Williams fumed. "I still do not know to this day who this woman was."
Williams said her nightmare began as she was napping in LICH's maternity ward in May 2008 and a nurse brought a bassinet with a baby into her room.
The mom said she stayed asleep -- not handling the infant, whom she believed to be her newborn daughter, Jayln -- for a couple of hours. But when she woke up to go to the bathroom, she realized something was amiss.
Williams said she saw nurses suddenly scurrying to switch the child in the bassinet next to her bed with another baby from a different room. The nurses then pretended nothing happened.
"I said, 'What's going on?' and [one nurse's] words were, 'I will be right back with this baby,' " said Williams, a native of Trinidad.
"She lied to me, and said they had to take the baby to get tested for diabetes," the mom said. "A little while later, [the nurse] came back, she looked at my [hospital I.D.] tag, and she looked at the one on the baby and said, 'OK.' "
Williams said she learned what happened only after her pediatrician overheard the two nurses gossiping about the horrifying mix-up.
Williams sued the hospital in Brooklyn Supreme Court in 2008, claiming "extreme emotional pain, suffering and anxiety."
Not only did she fear that little Jayln may have been injured during the mammary mix-up, said her lawyer, Lisa Pashkoff -- but she was left wondering whether she even got the right child.
Williams told The Post that she doesn't want to do a DNA test on Jayln now because she loves her.
But, "I spent many sleepless nights. I have cried because I am not 100 percent sure she's mine," Williams said. "She doesn't look anything like me."
A Supreme Court justice had ruled that Williams' suit could proceed, but the hospital appealed, and the appellate panel this week sided with LICH, saying parents can't recover damages for mental distress for an alleged injury to someone other than themselves, in this case, the child.
Williams vowed to bring the case to the Court of Appeals, the state's highest court.
An LICH rep said the hospital "was very pleased the Appellate Division unanimously ruled in our favor and dismissed the action against us."