A 43-year-old resident of Santa Catarina will receive compensation in the amount of 80 thousand reais for being exchanged in a maternity hospital for another child in Armazem in the south of the state. The decision was taken by the 2nd Court of the State Treasury in the Crisium region. There is an appeal.
It all started after he heard a few comments about his resemblance to people from another family and decided to take a DNA test at the age of 40. At the same time, the genetic compatibility of the mother was witnessed and the exchange of babies in the maternity ward was proven.
According to the case file, the plaintiff’s parents adopted him as their biological son in November 1978 at the Armazem hospital. However, after years of distrust due to remarks about her appearance, DNA testing proved that she was the biological son of another mother.
In a statement, three nurses who worked at the hospital at the time stressed safety measures and timely identification of newborns.
However, according to the verdict, “the procedure was insufficient and it is clear that the exchange was the result of erroneous and negligent actions by the hospital, which failed to effectively and safely manage the stay of the babies, ensuring that they would be taken to the appropriate places.” mother.”
The man said that he had some contact with his biological family, as they were residents of the same municipality, but their ties only strengthened after the discovery of relationship through a genetic test.
Accordingly, the hospital and the municipality were sentenced in solidarity by the court to pay compensation for non-pecuniary damage suffered by the author in the amount of 80,000 reais, plus corrective measures and interest. The decision can be appealed.
Source: Ndmais