An NHS Trust has agreed to pay compensation to a former patient of its maternity ward as part of a settlement reached in a UK ‘switched at birth’ case.
Russell-Cooke’s personal injury and medical negligence team were instructed by the individual bringing a medical negligence claim against the Trust, on the grounds that shortly after their birth over 70 years ago they were mistakenly switched with another baby in the maternity ward and given to another family that was not theirs. This meant the individual was separated from their biological family and raised by a family with whom they had no biological or other connection.
Following a Mediation, the Trust came to an agreement with the client to conclude the claim and to pay damages to the client in recognition of the injury they have suffered.
Jason Tang, associate in the personal injury and medical negligence team, who was instructed on the case, commented:
This is a landmark settlement resolving one of the very first claims brought in a ‘switched at birth’ case in the UK, and we expect more cases of its kind to come to light. It is difficult to imagine the psychological distress and upheaval of discovering you are not related to the family that brought you up, and that your biological family members are somewhere out there, whom you have probably never met, or if they’ve already passed away, sadly never will.
It is right that the Trust has recognised the injury caused in this case, and it serves as a reminder to others who may be in similar circumstances that there are means of seeking redress and the justice they deserve.
A separate ‘switched at birth’ case – which Russell-Cooke is not instructed on – was reported by BBC News and others in November 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.
