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What should be a hospital's legal liability for switching a child at birth?

Posted on 4/9/25 at 12:32 pm
Posted by Bjorn Cyborg
Member since Sep 2016
32199 posts
Posted on 4/9/25 at 12:32 pm
Switched at birth

This guy didn't find out until his 60s.

quote:

Growing up, Kevin McMahon often heard playful jokes from his siblings about being “the mailman’s kid,” because did not look much like them.

The 64-year-old Long Island man was the third of four children, but he always felt like something was off. It wasn’t until a shocking discovery that the true reason behind his feelings became clear.



quote:

“Two Caucasian mothers with the same last name, both giving birth to baby boys on the same day. They were switched before the birth certificates were even signed,” explained Jeremy Schiowitz, McMahon’s attorney.

The error went undetected for decades, with no one realizing the mistake until the DNA test exposed it.


quote:

“There’s no mystery as to what happened,” Schiowitz continued. “Jamaica Hospital switched the babies. The DNA proves it. The mystery is, how did they let this happen?”

In response to the discovery, McMahon filed a civil lawsuit against Jamaica Hospital. The hospital declined to comment on the case
Posted by StansberryRules
Member since Aug 2024
2925 posts
Posted on 4/9/25 at 12:36 pm to
Back then didn't they have big communal nurseries? Nurse probably picked him up and set him down in wrong bassinet based on the last names.
Posted by BoogaBear
Member since Jul 2013
6532 posts
Posted on 4/9/25 at 12:39 pm to
When my first was born, they brought us the wrong baby back from the nursery. We had a girl, they brought us a boy. The dip shite nurse attempted to tell us it was our kid and tried to remove the name tag from the child.

The nurse was fired, and they closed the nursery shortly after. Kid had to stay in the room from then on, this was in 2014.
Posted by Tarps99
Lafourche Parish
Member since Apr 2017
10031 posts
Posted on 4/9/25 at 12:40 pm to
quote:

switching a child at birth?


I saw that movie. It involved twins and one of them grew up wealthy and the other poor and on a farm. It was called Big Business.

Posted by Oates Mustache
Member since Oct 2011
24406 posts
Posted on 4/9/25 at 12:40 pm to
It's sad and this guy will live with the what ifs forever. Someone should pay, but how much?
Posted by Bjorn Cyborg
Member since Sep 2016
32199 posts
Posted on 4/9/25 at 12:44 pm to
It affected two families. Two different boys grew up in the wrong home.

This should be like $10 million each, minimum. Maybe more.
Posted by WaydownSouth
Stratton Oakmont
Member since Nov 2018
9712 posts
Posted on 4/9/25 at 12:48 pm to
Things must have change. Both of ours never even went to the nursery. Wife had C-Section. They let me take the baby to our room after they cleaned her up while they stitched up my wife
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
53405 posts
Posted on 4/9/25 at 12:51 pm to
quote:

Things must have change.


They usually tag the baby as soon as it comes out so there's no issues. There has to be some real frick ups for a baby switch to happen in 2025.
This post was edited on 4/9/25 at 12:52 pm
Posted by Bjorn Cyborg
Member since Sep 2016
32199 posts
Posted on 4/9/25 at 1:04 pm to
Yea, this used to happen relatively frequently, especially in the time period in the OP.
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
55036 posts
Posted on 4/9/25 at 1:05 pm to
Actually it was Twins
Posted by Tiger Prawn
Member since Dec 2016
24013 posts
Posted on 4/9/25 at 2:05 pm to
quote:

It's sad and this guy will live with the what ifs forever.


Not only that, but going home with the wrong parents led to some rough upbringing. Mom was an alcoholic and it seems like his grandma knew that this kid wasn't her son's offspring and treated him as such compared to the other siblings.

quote:

As a child, McMahon faced difficulties in his early life. His mother, an alcoholic, struggled with providing consistent care for her children. His three siblings were often cared for by their paternal grandmother, while McMahon was sent to live with a family friend. He often felt the sting of being treated differently by his grandmother, which he now believes may have been a result of the mix-up.

“I was treated differently by my grandmother,” McMahon recalled. “She didn’t like me, and in time, I took that to mean I wasn’t likable.”


While McMahon loves his siblings dearly, he can’t help but wonder how his life might have been different had he grown up with his birth parents, both of whom passed away years before he discovered the truth.
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
59253 posts
Posted on 4/9/25 at 2:09 pm to
I wonder how does that compare to the life of the kid that went home with his blood parents?
Posted by jaytothen
Member since Jan 2020
7694 posts
Posted on 4/9/25 at 2:13 pm to
TBF all babies are ugly and look the same. Honest mistake when dealing with crotch goblins and no big deal IMO.
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