Hospital told to pay damages for mistaking babies

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Posted on 20th July 2009 by gjohnson in Uncategorized

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Even under American law, this would be a tough case to determine damages. How does a couple effectively argue that they have been wronged for loving a child for 16 years, even if it is the wrong child? Similar issues have thwarted efforts to get compensation for botched birth control methods as well. But those issues notwithstanding, $55,793 for giving a couple the wrong child, seems a little on the light side.

What happened to the other child? Isn’t that a form of kidnapping?

And what about the other family?

Attorney Gordon Johnson
http://tbilaw.com
http://waiting.com
http://fishtail.tv

Date: 7/20/2009 7:08 AM

SEOUL, South Korea (AP) — A South Korean court has ordered a hospital to pay 70 million won ($55,793) in damages to a couple that raised the wrong daughter for 16 years because of a hospital mistake.

Seoul Central District court judge Kim Sung-soo said Monday the court made the ruling earlier this month. He did not give details.

Local media say the couple gave birth to a baby girl at the hospital in 1992. They began suspecting she may not be their daughter because her blood type A did not match theirs.

A DNA test confirmed their suspicions and the hospital acknowledged their mistake last year.

The hospital is refusing to disclose information on their biological daughter citing privacy.

Copyright 2009 The Associated Press.