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November 28, 2013
The Yomiuri Shimbun The Tokyo District Court has ordered a hospital in Tokyo to pay ¥38 million to a man and his biological brothers in compensation for mixing up the man with another when he was born at the hospital 60 years ago.
“The links between the man and his real parents were severed [by the mix-up], and the man was forced to grow up in a poor home. The mental anguish he went through was enormous,” presiding Judge Masatoshi Miyasaka said in handing down the ruling Tuesday.
The man was born at San-Ikukai Hospital in Sumida Ward in 1953. However, due to the mix-up, the man was raised as the fourth son of a family to which he has no biological connection.
However, the man’s real family eventually began doubting why the second man involved in the switch did not resemble any family members. The allegation was debated openly in 2011, prompting the family to check hospital records, which revealed the possibility of the mix-up. The man was confirmed as the first son of his biological family through DNA testing conducted in January last year.
The court ruling concluded the man was mixed up with another man born 13 minutes after him, while the man was treated by hospital staff, including being given his first bath by a midwife. The ruling also stated the plaintiff was raised in a family that relied on welfare benefits, and he had to give up receiving higher education and worked at a small factory after he graduated from middle school. The second man was raised in affluent circumstances and went on to university.
The plaintiff’s real parents died without knowing their baby had been switched.
“There were far-reaching differences between the two family environments, and the plaintiff suffered an unreasonable loss as a result,” the ruling said. “It’s impossible to assess the scale of the pain and disappointment both the parents and the man had to suffer, as they were deprived of opportunities to enjoy their parent-child relationship forever.”
The hospital claimed that the 10-year statute of limitations should be applied to the case. However, the ruling said, “The statute of limitations for the case is counted from the day the result of the DNA testing was confirmed.”
Hospital told to pay man switched at birth - The Japan News
The Yomiuri Shimbun The Tokyo District Court has ordered a hospital in Tokyo to pay ¥38 million to a man and his biological brothers in compensation for mixing up the man with another when he was born at the hospital 60 years ago.
“The links between the man and his real parents were severed [by the mix-up], and the man was forced to grow up in a poor home. The mental anguish he went through was enormous,” presiding Judge Masatoshi Miyasaka said in handing down the ruling Tuesday.
The man was born at San-Ikukai Hospital in Sumida Ward in 1953. However, due to the mix-up, the man was raised as the fourth son of a family to which he has no biological connection.
However, the man’s real family eventually began doubting why the second man involved in the switch did not resemble any family members. The allegation was debated openly in 2011, prompting the family to check hospital records, which revealed the possibility of the mix-up. The man was confirmed as the first son of his biological family through DNA testing conducted in January last year.
The court ruling concluded the man was mixed up with another man born 13 minutes after him, while the man was treated by hospital staff, including being given his first bath by a midwife. The ruling also stated the plaintiff was raised in a family that relied on welfare benefits, and he had to give up receiving higher education and worked at a small factory after he graduated from middle school. The second man was raised in affluent circumstances and went on to university.
The plaintiff’s real parents died without knowing their baby had been switched.
“There were far-reaching differences between the two family environments, and the plaintiff suffered an unreasonable loss as a result,” the ruling said. “It’s impossible to assess the scale of the pain and disappointment both the parents and the man had to suffer, as they were deprived of opportunities to enjoy their parent-child relationship forever.”
The hospital claimed that the 10-year statute of limitations should be applied to the case. However, the ruling said, “The statute of limitations for the case is counted from the day the result of the DNA testing was confirmed.”
Hospital told to pay man switched at birth - The Japan News
