Full Breakdown
Alleged 1988 Birth Switch Prompts Lawsuit Against Unity Medical Center
7/16/2026, 7:16:38 AM
Legal Claims and Procedural History
The complaint lists five causes of action: negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, deceit, and medical malpractice. Unity Medical Center denied every allegation in its answer filed Nov. 2024 and moved to dismiss the case with prejudice, citing the statute of limitations and a comparative-fault defense. Both sides have demanded a jury trial.
Parties’ Statements
Unity Medical Center’s response emphasizes that its staff “possessed and exercised the appropriate degree of skill and learning” and “at all times used reasonable care, judgment, and diligence.” The hospital also noted that, given the passage of time and missing records, it “has found no evidence that it is responsible for the switch.”
Representing the families, attorney Tim O’Keeffe of O’Keeffe O’Brien Lyson Attorneys said the DNA testing “was overwhelming that these two, now men, were switched at birth when they were babies.” He added that the situation “is really difficult on everyone involved… Their relationships have been impacted.”
Opposition and Legal Defenses
Unity Medical Center argues the claim may be barred by the statute of limitations, asserting that “the length of time that has passed between the alleged incident and the service of this lawsuit” undermines the suit. The hospital also raised comparative fault, suggesting that any damages could be partly attributable to parties other than the hospital.
Verbatim Quotes
- “We had all of the family members go into a professional facility locally and do paternity tests and DNA tests to determine who is actually related to whom, and the results were overwhelming that these two, now men, were switched at birth when they were babies,” — Tim O’Keeffe, Partner, O’Keeffe O’Brien Lyson Attorneys
- “This is really difficult on everyone involved. Not just the two boys, but their parents and their immediate family. Their relationships have been impacted by this. And so there's a lot of things that need to be addressed by everyone that's involved in this,” — Tim O’Keeffe, Partner, O’Keeffe O’Brien Lyson Attorneys
- “In its statement released Tuesday, July 14, the hospital said because of how much time has passed and the lack of records, it has found no evidence that it is responsible for the switch.” — Unity Medical Center statement, July 14 2026
- “possessed and exercised the appropriate degree of skill and learning” — Unity Medical Center answer, Nov. 2024
