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Staci Bynum, marketing director for Heartland Regional Medical Center, reads an official statement Friday regarding the hospital’s inadvertant switch of two infant boys. (Dave Taylor, The Southern)
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Families sue over infant switch
By John D. Homan, The Southern
Friday, April 11, 2008 11:39 PM CDT
HERRIN - Two Southern Illinois mothers whose infant sons were inadvertently switched last month by medical personnel at Heartland Regional Medical Center are now bringing suit against the hospital.

Attorney John Womick of Womick Law Firm in Herrin has filed a five-count complaint against the hospital and parent company, Community Health Systems, Inc., on behalf of Mary Jo Bathon, and a three-count complaint against the hospital and company on behalf of Terry Hopkins and his daughter, Kassie, who is the mother of the other infant.

Womick said he is seeking a court injunction requiring the hospital and corporation to "perform an investigation of the events, which led to the switching of the babies; produce that investigation to the court and implement procedures to prohibit the recurrence of the misidentification of babies by the defendants."

Womick said the families have asked not to be contacted by the media. He said both mothers strongly suspected there was a problem but couldn't fathom that a mistake had been made.

Bathon, who resides in Perry County, was admitted to Heartland's obstetrics ward March 27 for the purpose of inducing labor so that her child could be born. The induction resulted in the delivery of Hunter Allen Bathon.

On March 28, Womick said Hunter was taken to have a circumcision procedure performed. At that same time, another baby, Riley Howard Spencer, was taken to have a circumcision performed.

It is during that time period when the babies were in the operating room or were being prepared for surgery, Womick alleges, that personal identification information on Hunter and Riley was negligently removed.

As a result of the identifying information having been removed, Womick said, the identification of the babies was switched. Bathon was discharged with Hunter and was at home for a few hours before hospital officials contacted her about the problem, Womick said.

Womick alleges the switch was caused by one or more forms of neglect, including:

l Failure by the hospital to have in place proper rules, regulations and procedures in an obstetrical unit to assure identification of each baby;

l Failure to have properly and sufficiently staffed non-medical personnel to assure that adequate staff existed so that the identification of babies could be maintained and preserved;

l Failure to train its non-medical personnel to follow appropriate obstetrical unit procedures concerning maintaining the identification of the babies;

l Negligent performance by agents and employees of Marion Hospital Corporation of obstetrical unit procedures pertaining to identification of babies;

Heartland Regional Medical Center spokeswoman Staci Bynum read a brief statement Friday afternoon in front of the hospital building in Marion.

"We genuinely regret the circumstances surrounding the discharge of these infants," Bynum said. "Fortunately, the situation was quickly identified and corrected within hours, with both healthy babies being joined with their families. Unfortunately, because the families have elected to hire a lawyer, we are not able to discuss this in any more detail at this time."

Womick said both mothers sustained emotional and psychological injury on top of the traumatic experience of delivering a baby. He is seeking an amount in excess of $50,000 for each of his clients and demands a trial by jury of six.

"I don't think anybody can describe it," Womick said. "There are tears and anxiety. They were devastated with the news, both of them. What I'm concerned about is that the hospital will find that some nurse is to blame and will fire her, when in fact the problem is with the system or lack of staffing."

The veteran attorney said the hospital's leaders should have been more forthcoming with information about the switch.

"It shouldn't be confidential. It should be public," he said. "The hospital needs to step up."

john.homan@thesouthern.com

351-5805


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Mindy wrote on Apr 24, 2008 9:48 AM:

" "To: SO.IL native; I know the story here.I was not taking up for the Hospital they were in the wrong but have made their wrong right and I am sure there will "never" be a mistake like this again at Heartland Regional.All Hospitlas, Doctors ect. have made or will make mistakes that is a given. I once had surgery done at another local hospital and there was a "big" error, Big enough to have suied. I endured way too much pain in which should have been a simple surgery. It was fixed and they made it right.So...I am alive and fine and did not sue because they did correct their mistake just like Heartland Regional did!Also,I do feel for those parents because I am sure they have beat their selfs up for not knowing which baby belonged to them. We mothers out there who have given birth,guess we just could not understand that's all and we just wrote in comments like others did on this subject because we can.When and if you give birth it is your choice to go any where you choose, But you need to know there will always be a Hospital out there with some kind of incidents of negligence. "

So. IL native wrote on Apr 23, 2008 8:58 PM:

" To Mindy: When you had your baby, was there even the slightest chance that it had been switched? I'm sure it never even crossed their minds that this occured. We don't know how long their babies were even with them before this happened. Also, the hospital put the bands on them not knowing which baby was which, then took them back without saying a word. We should be outraged at the hospital not attacking the mothers. They are probably feeling enough guilt already. The permanent marker thing was a joke, but I seriously would not give birth at that hospital. There have been other incidents of negligence. "

mindy wrote on Apr 23, 2008 10:39 AM:

" To: SO.Il: They "should" have known their baby! I saw those pictures and they did not look anything alike.One had a bigger head and fuller face than the other did.Some of us notice important details more than others do.You need not bring in a permanent marker to inital your baby you need to know your baby from head to toe!And before the question is asked.. yes, I am a mother and I could tell anyone if asked what my child looked like the day I gave birth.To: So.Il citzen: RIGHT ON ! "

So. IL native wrote on Apr 22, 2008 9:28 PM:

" About the "mother instinct", what about the 12 babies a year that are sent home with the wrong parents every year (in the US), do their mothers not have it? I saw the pictures of those babies on t.v. and they looked alot alike. No, I'm not either one of the mothers, but I hadn't been through hours of labor or been given any medication, either. So stop saying "They should have known their own baby!" The hospital should have went to them RIGHT away and told them that they weren't sure which baby was which. When my friend was in Carbondale hospital, one of the bands came off of her son and right away they brought him to her and verified that the baby was hers (by the other band) and issued them all new ones. I guess if you are going to deliver at Marion you should bring a permanent marker and initial your baby to make sure no mistakes are made. "

dbaispcp wrote on Apr 21, 2008 4:54 PM:

" It is a serious mistake when children are switched in a hospital nursey and serious scrutiny of the situation is appropriate, perhaps a law suit is appropriate. But, no one was harmed other than some incresed anxiety and agnst on the parts of the parents, and ( I'm certain the hospital staff as well), the mistake was corrected quickly within a few hours, a system for identification of infants which has, most likely, been used for many years was found to be at fault due to a careless mistake by a worker in the institution, and I think significant bad publicity for the hospital and its staff have been created. That being said, the OB dept at Heartland does have some very good doctors and nurses in it and their rate of successes far, far outweighs their failures. The parents should be compenstated reasonably for the anxiety and fears they suffered, but reasonably so, and the money that will be spent for punitive damages should be directed to the hospital staff and system for training and a new system to ensure that this never happens again.
The attorney should get a reasonable fee for his efforts but thre is no million dollar case here and if the system can be improved to better the public saftey in that institution, then that is what should happen. That is what should happen with all punitive damages from all law suits, protect the public in the future. The families in all appropriate cases should be compensated for their losses but not rewarded because someone made an error. I also agree there are various levels of errors and the punitive damages should reflect this, but the dollars should help the communities and patients surrounding the institution, not make someone a little richer. We need to know that mistakes will happen, and they should be avoided and every reasonable step to avoid them should be taken, but to spend a year or two fighting over it when no one was injured is just as extreme.We waste a ton of money every year in health care fighting battles that don't do anything but create attorney fees for the plaintiff and the defense and do little to improve the saftey for other patients. We need a legal system where everyone is helped when a mistake occurs, and say thanks to the good Lord when no one is injured seriously. I guarentee that each child will spend more time with a baby sitter in the next few weeks than was spent away from the rightful parent and I don't think bonding with the child was impaired from what I can conceive of this incident. Use this to make health care safer for everyone, and make the hospital show the public how they have corrected the situation to prevent it in the future. "

Ex-Local wrote on Apr 21, 2008 1:35 PM:

" I can't honestly say that I would not sue, but I'd like to think that I would be able to move forward without dragging the whole episode on forever. If nothing else, I would make darn sure that whoever was at fault was no longer employed at the hospital and that they would never be able to work in the healthcare industry ever again. On one hand, you can't force the whole hospital staff to suffer for the negligence of one or two irresponsible employees. That, unfortunately, is what this lawsuit is doing. But on the other hand, those one or two employees who are responsible should be disciplined to the furthest possible extent. "

So Il Citizen wrote on Apr 21, 2008 11:33 AM:

" If I did tell them it was the wrong baby and the hospital insisted that is was the right baby, I do believe that I wouldn't have taken their word for it. I would have made them prove to me right then that it was. If you have the mother instinct within you, you know your child. One can't blame age of being ready to be a mother. You either have that within you or you don't. "

_herrinite wrote on Apr 21, 2008 11:23 AM:

" First of all, this is not a circumcision issue, so all the idiots out there opening their mouths about circumcision and torture and all that crap need to write their own letter to the editor, or perhaps shut the @#$ up. "

So. IL native wrote on Apr 19, 2008 7:52 AM:

" Could it be that the incident wasn't reported by the hospital until the lawsuit was filed? Maybe the parents had to sue to get this out in the open. No one on this site can tell me that they would not be spitting nails if it happened to them. Also from what I understand one of the mothers DID tell them it was the wrong baby. "

mindy wrote on Apr 15, 2008 12:39 PM:

" Right on to Mpp & So Il Citizen. How could one not know what their own baby looks like! And to: Wmmfglnc, "Itemized Bill" What is that? I have not seen one of those since the 1980's.And to those oppossed to circumcision: Different strokes for different folks. My son had it done and guess what?... He is fine and I feel "we" made the right choice. Our son, our business!! This was about two baby boys released from the hospital to the wrong set of parents, whom did not even know what their babies looked like and are suing the hospital. I am not giving the hospital a break here, shame on them for their error. But hey, the babies are fine and in the right homes where they belong, "thanks "to the hospital no doubt! "

Geez wrote on Apr 14, 2008 2:53 PM:

" It is interesting that this lawsuit didn't rear its ugly head until this entire incident was released to the press. This switching happened in March but when released in April, voila, lawsuits appear. The lawyer probably heard the news and started talking to the mothers.

Emotional distress caused by not being able to recognize your own child. Nothing that a little money won't cure. "

trace wrote on Apr 13, 2008 4:08 PM:

" Obviously, these parents are going to try to make money off of a mistake. They are probably ones on medicaid as well and didn't pay for any of their babys' care out-of-pocket. In addition, they had hired Womick as their attorney. His medical malpractice cases can go on for over a year without even getting a court hearing!!! Just check his lawsuits filed in Jackson county. He will drag it out so long that the parents won't see a dime because they will be filling his account with their settlement money. "

kepfree wrote on Apr 13, 2008 9:11 AM:

" I don't agree with sueing over this, but if bringing a lawsuit helps the area hospitals look at their staffing issues, then good for the lawsuit! I've been a nurse in this area for quite some time, and I believe their should be laws in effect (as in California) that mandate nurse:patient ratios. Of course some nurse will get blamed for this, but we all know that the hospital and its desire to make money and cut staff is to blame. Maybe this lawsuit will help draw some attention to that. "

GIntegrity wrote on Apr 13, 2008 6:33 AM:

" If anyone suffered real harm and should be suing in this case, they would be the boys who were subjected to a completely unnecessary genital operation without their approval. One would think this type of torture is the thing of the past but people accept all types of rationalizations for continuing a tradition that is totally against the human dignity of the child and against the protecting instincts of the parents. "

alh123 wrote on Apr 12, 2008 9:27 PM:

" I've had three children (as has Mary Jo Bathon) and you can't tell me that you leave the hospital with a baby that you don't know is yours. This is Mary Jo's second lawsuit in the past few years. Her mother is also sue-happy. Get over it. "

So IL Citizen wrote on Apr 12, 2008 9:11 PM:

" This whole story is totally bizare. Being a mother, I can't imagine not knowing that the child you have isn't yours. I'm sorry, but the first thing one usually does after birth is to check their child over from head to toe. One usually examines the ears, nose, eyes, hair, hands, feet, etc. To me it totally unimaginable that I wouldn't realize that I had the wrong child immediately. Next, why would the identification braclets need to be taken off for circumsion anyway. And lastly, why would two children be in the operating room at the same time? Shouldn't that be done in a sterile enviroment? Yes, the hospital was wrong but is a lawsuit really necessary. The negative publisity is going to cost them way more than any law suit will. I can see a lawsuit if someone was physically injured and going to have to have medication, treatments, or assistant in order to live a normal productive life. I don't see that to be the case in this situation. "

pville wrote on Apr 12, 2008 8:56 PM:

" Forgot one thing...I guess all of that "State of the Art" equipment wasn't so great after all. We use TWO name bands on each baby at the hospital I work at. That almost guarantees babies cannot be mis-identified. I don't really think our method is state of the art, but it sure works. "

pville wrote on Apr 12, 2008 8:33 PM:

" Happy to say I don't work there! I am surprised that hospital is still standing after all the things that have happened there. Those of you that speak of the neurosurgeons leaving the area because of the malpractice insurance are correct. I had worked side-by-side with the two best neurosurgeons in the area when they were forced to leave the area. Now my hospital must transfer patients to St. Louis in order to save their lives when there is a neurosurgical issue. Do you know how hard that is? Always wondering if that patient even made it to St. Louis? I understand that the parents of those babies must have been upset. How do they know that they even got the care they were supposed to? How do they know their lab results were even theirs? How do they know their pre- and post-delivery medications were what they were supposed to get? I am torn to decide which way is right...do I ignore the mistake and say it is ok to sue? I just hate that this will have such an effect on the future cost of health care. It is getting very hard for me, as a nurse, to see patients who cannot afford to have life-saving surgery. I hate that the elderly cannot afford to get their medications, so they just don't take them. This world is a cesspool and we are all falling into it. Wake up people!

As for Mr. Womick, he is more money hungry than anyone I have ever seen. I know his daughter. He will find ANYTHING to sue for just so he can get the payments. Some people even believe that he makes things up to make his clients look worse off than they are. It would be nice to be able to stop him!! "

Someone in S Ill wrote on Apr 12, 2008 8:23 PM:

" All Community Health Systems is worried about anyways is getting the money from the patients, why shouldn't the patients be the same way? They don't care about the care they provide, only that they get the money that is due to them. Heartland has a history in southern Il of being rude to patients, staff, and other health care providers in the area. They can't even work amongst themselves on the inside, let alone barely with anyone else. The facility is understaffed because they treat their employees like crap, and they are more concerned about the bottom line than anything else. The facility has barely any business even treating patients. "

WMMfgInc wrote on Apr 12, 2008 7:54 PM:

" Suppose the picky speller is ed-u-me-cated (educated), huh. Anon, that was senseless. This is here for points and opinions, not to pick on the people. Enough said there! Let me ask, does the hospital care when they rip you off for a Tylenol? Twelve dollars seems to be a bit steep per dose. So if they were selling you a 50 count bottle, Sandy62959 and jcompton would not have a problem paying these PROFESSIONAL’s $600.00 for that bottle. I think not. There have been many times that hospitals have charged you for them and you were never given them. Did you ever look at the itemized bill? I have three children and I did look at the itemized bills. There were a lot of charges for things that never happened. Look at it in another manner; the people that run that hospital only have to split $28,000,000.00 between 10 people that sit on the board. They were not worried about taking your money. These are just businessmen/women in-charge of a staff that is supposed to be all licensed professionals. Most of the staff is probably underpaid and over worked. It is just a job. Hire in the less experienced for the lower rate of pay. "

mpp wrote on Apr 12, 2008 6:08 PM:

" I'm not saying these people shouldn't sue, but, how in the heck did neither family notice that their child was not theirs? You should be able to tell in many different ways with either the hair or some birthmark or something. How do you get home and just not seem to notice. I'm sorry but, when you have a child brought into this world you know every little dimple and freckle on them. "

Anon wrote on Apr 12, 2008 5:29 PM:

" 'Sandy62959' sounds like an idiot, who needs a NEUROSURGEON to fix her brain and teach her how to spell. Or maybe a job, so she'll be EMPLOYED somewhere. People like you are what makes southern Illinois the redneck laughing stock of the state! "

Sandy62959 wrote on Apr 12, 2008 3:24 PM:

" I agree with jcompton. People don't even stop to think about the effects this has on the cost of healthcare. It is by those money hungry people that our costs are going up and therefore unaffordable for some families. Another reason why most of the Nuerologist in the area had to move out due to the malpractice insurance being unaffordable and now we are having to travel to St. Louis to see well equipped Nuero surgeons! There is nothing to gain from this lawsuit but money for these mothers that I'm sure will be spent on silly things that don't benefit these babies or anyone else but themselves. The fact of the matter is the mistake was caught (and we all make mistakes) and there was no actual "stress" on these women. It is not like they went days or weeks bonding with a baby only to have to give them up for another one. Give me a break people and stop trying to make money from being so sue happy and putting money in the pockets of sue happy attorneys!!! Get a job and make money by actually working for it...hey thats an idea! lol. You heard nothing but terrible things about this hospital from anyone you talk to but there are still people that rely on this hospital to make an actual living from being employeed there so for Pete's sake keep the suits to actual ones that are legit and keep your money hungry hands where they belong..in your pockets or helping others that are less fortunate. "

betyh47 wrote on Apr 12, 2008 2:03 PM:

" These families have EVERY right to sue! What if it happened to you, then how would you feel?

I don't know either family or anyone from either family or any aquaintenaces from either family.

My son is getting ready to file a miulti million dollar against the same hospital. Wait until you see what they did in this case. His lawsuit has already been taken by an attorney and I want it to be front page news.

They need to be held accountable for their actions!

PS I'll just bet you there are many more against this hospital...... "

jcompton wrote on Apr 12, 2008 11:59 AM:

" I fail to see what a lawsuit stands to accomplish here. The babies were not switched for long, and they were returned unharmed. Every time a health care entity pays a settlement for something like this the cost of health care goes up for the rest of us. What to see some REAL emotional distress? Be diagnosed with cancer and not have any health insurance because the cost is too high.

The negative media coverage and the public's reaction to this incident will go much farther in seeing the issues are corrected then any monetary settlement to the mothers involved. "

itimeu wrote on Apr 12, 2008 9:55 AM:

" I think the families should be thankful that the mistake was caught and that they have their babies back now instead of ten years down the road.
I also think that the comment made by another that the circumcision is the reason for all of this is silly. It had nothing to do with it. "

wildflower13 wrote on Apr 12, 2008 9:42 AM:

" I think this is a very valid fear of all mothers delivering. I had my daughter in Carbondale, and yet, when she was first born I looked her over from head to toe for marks that would identify her in case of something like this. I think the way the hospital is handling this issue is horrible and they should be ashamed! I'm glad I went to Memorial Hospital of Carbondale and will again in the future. "

whatgives wrote on Apr 12, 2008 8:53 AM:

" I feel bad for the families, thank god the error was caught and corrected quickly. I feel worse for the employees of the hospital having to find out about this mess by reading about it on the front page of the paper. Because of the litagation I understand the hospital not wanting to say much but at a minimum Ms. Bynum's "official statement" should have been read with the Administrator and Directors of Nursing, Surgery, OB and Quality in attendance. Shameful. . .Whatgives? "

WMMfgInc wrote on Apr 12, 2008 6:58 AM:

" If the company would hire/keep experienced employees, alot of these mistakes might not occur. But as in all businesses the less experienced employee's come at a CHEAPER rate. Mistakes are not always published. "

ml66uk wrote on Apr 12, 2008 6:45 AM:

" Just another reason why circumcision is a bad idea, and straight after birth is the worst possible time to do it.

If parents had to watch circumcisions, this couldn't happen, and they'd probably stop doing it altogether.

drops in male circumcision:
USA: from 90% to 56%
Canada: from 47% to 14%
UK: from 35% to about 3% (less than 1% among Christians)
Australia: 90% to 12.6%
New Zealand: 95% to below 3% (mostly Samoans and Tongans, less than 1% among whites)
South America and Europe: never above 3% (includes many of the world's most Christian countries eg Poland, Spain, Italy, Brazil) "


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