Can I sue if I recently delivered my son and while in the hospital I sent him to the nursery but when we went to pick him up they gave us the wrong baby?

We did not realize it until we got back to our room. We caught the error, no one from the hospital knew. The remainder of my stay went down hill from there. Do I have grounds for a lawsuit?

Asked on February 28, 2015 under Malpractice Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you don't. From what you write, you had the wrong baby for a few minutes--certainly less than an hour. Yes, you were upset, but the law does not provide monetary compensation for emotional upset caused by accident (i.e. not deliberately done to harass or mentally harm you) unless there was some other loss (e.g. physical injuries or monetary costs) caused  by the error, or unless there were some extreme exacerbating circumstances. Having the wrong newborn for a few minutes does not have any of those additional factors that would allow you to collect compensation.

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