Should this woman be able to sue because her baby was accidently switched at the hospital and breast-fed by another woman?
Read more: http://www.nypost.com/p/news/local/b...#ixzz1KBYyaqThA 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."
Mom to Lee, Jake, Brandon, Rocco
Stepmom to Ryan, Regan, Braden, Baley
Granddaughters Kylie 10/18/2010 & Aleya 4/22/2013
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all i can say is i would be HEARTBROKEN if something like that happened to me.. yikes, how terrifying. im not sure i would get a dna test either... but having THREE Children, two of which look nothing like me you cant put much weight in how your child looks. Not sure how much I would say she is "entitled" to though either...
Ashley, mom to 3 awesome little boys!
I feel like this one comes up every year.
People who hand their baby over to other people open themselves up to these sort of mix ups. Are they unfortunate? Sure. Do they show weaknesses in the system? Absolutely. Are they worth large payoffs that tax our medical system? No.
Is it really that big of a deal another woman bf the baby? I understand its a little traumatic for the mother who just gave birth, but what's makes this all that much different than a wet nurse? Or preemies that drink donated breast milk?
IMO bm is best, but its not really a concern as to who it came from.....unless that woman just came out of a bar with a cigarette in hand, but since she was in the hospital with a newborn I don't think she was at happy hour that day.
If she was so freaking worried about the child not being hers, why didn't she do a DNA test as soon as she found out? Money grubbing asshat.
Let her sue, and then when she loses (because no sane adult would give her money because 3 years ago her baby got someone else's breastmilk for one feeding) make her pay all the court costs and the legal fees for the hospital. It doesn't sound like policies weren't in place, it looks like one worker of the hospital screwed up. People like this make me stomach ache.
Poor little Jalyn. Her name is all over the internet and one day some punk little kid is going to point out that her Mom cried because she thought that Jalyn wasn't her real daughter. OMG. How can you be so freaking selfish?
Ugh...as a nurse working on a LDRP unit, what a nightmare. I can say that the system isn't fail proof since we are all human, BUT, I can say for me personally I check ID band on baby against the ID number on the crib card before I leave the NBN with the baby, then I stop again outside the room to double check everything, and then when I go in I check mom's ID band against baby's ID band, verbally reading both numbers. I also try to make it a point to call both mom and baby by name in the room. A mix up like that is one of my biggest fears. I also, per our policy, check those numbers if I am taking the baby from the room to the NBN.
I just don't know about suing though. Do I understand that she is distraught? Absolutely. And I'd be pi$$ed about the breastfeeding. Especially with HIV and hepatitis, and goodness knows what other communicable diseases that are out there. I'd raise holy hell with the hospital. But to sue? And as far as DNA testing, it should've been done immediately IMO. There shouldn't be a doubt in anyone's mind whose baby is whose. I think she's going a bit far with it, she says she loves this child, but I kind of think that if there was truly a doubt she would've had a difficult time with bonding. And really, what would money fix?