23 July 2008

Call In The Psychologists and Novelists

A switched at birth baby case produced a lawsuit in 2002, that was dismissed, IMHO rightly, because it was not brought within the applicable two year from discovery statute of limitations. The births took place in 1946. (Under Colorado law, a statute of repose, which runs from the date of the wrongful act whether or not the mistake is discovered, would have made the issue much more clear.) Damages would also have been very difficult to measure.

But the case would be a precious prize for a psychological case study, and would make a great book. The case also could have impliciations that are not dated in legal contexts other than a suit for money damages against the doctors and hospital that screwed it up.

The case also raises questions about whether laws other than suits for money damages against hospitals should be changed now that paternity can easily be determined with certainty, something not possible in most cases before the 1990s, and about what damages, if any, should be awarded in a timely brought switched at birth case.

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