Jason Tang interviewed on BBC Radio WM in connection with ‘switched at birth’ cases
Associate Jason Tang was interviewed by presenter Sarah Julian on BBC Radio WM in relation to a ‘switched at birth’ case he is currently working on, after the BBC broke the news of the first ever reported case of its kind in the UK on 2 November.
The story reported that two women and their families in the West Midlands await compensation after DNA tests revealed they had been switched at birth.
From 1 hr 38 onwards, Jason and Sarah discuss what ‘switched at birth' cases are, how they may have historically come about, and what victims might be able to expect in terms of compensation.
I would say these cases are extremely rare, but with the rise of genealogy websites such as Ancestry.com, we will see more cases come to light in the future. In the past, when a baby was born, they may only briefly be held by their parents before being taken away and cared for in a hospital nursery, with only a tag on their arm or foot to identify them. It would not be hard to imagine the tag easily falling off, or not being put on immediately, and being attached to the wrong child. Nowadays, you have radio frequency IDs, the babies rarely leave their mother’s side, and parents often bring their own clothes to hospital to dress their new-borns in.
Commenting on the recently reported case, Jason adds that the hospital concerned has admitted liability, but it remains to be seen how the victims will be compensated.
This is a difficult question to answer, as there is no precedent for it in the UK. There have been cases abroad, such in the US where the families affected have sought millions in settlement, but that is not necessarily what we can expect to see in the UK. Regardless, I would expect any damages to be substantial.
The full conversation can be found on BBC Radio WM's website (content available until 9 December 2024.)
Jason Tang is an associate in the personal injury and medical negligence team. He specialises in all aspects of clinical negligence and personal injury claims including those in relation to birth injuries, delays in diagnosis, amputations, and patient falls and fractures.
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