What to do if a hospital accidently fed another baby my breast milk?

UPDATED: Oct 7, 2013

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What to do if a hospital accidently fed another baby my breast milk?

My baby is in the NNICU. Another family was discharged to go home. Once they got home they realized that they had accidentally been given some of my breast milk. They did not realize this until after they had fed their baby some. They are wanting to see my medical records. They hospital has given me a form that states by consenting to the release of information that I release the hospital from any legal responsibility. I understand the other family’s concern, but I am concerned about protecting my family from any possible legal situations. What should I do?

Asked on October 7, 2013 under Malpractice Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do not sign any form(s) which release the hospital from any legal responsibility. As a general rule, you should not be liable, even if this somehow injured their infant or made it ill; liability requires fault, such as negligence, or unreasonable carelessness, and you did nothing wrong. If there were any liability, it would belong to the hospital for the mix-up. That said, you don't want to release the hospital from liability--why limit your ability to recover money from them in the event that, against all odds, there is some cost or liability to you?

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