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Incorrect blood results lead to allegations of negligence

When there is confusion about the identity of a child's biological parent, paternity tests are often used to clarify the issue. Missouri readers may find of interest the recent story of a California woman who recently filed a lawsuit against a hospital for misinterpreting DNA results.

Court documents show the woman conceived her baby through artificial insemination and then gave birth in April 2011. After the baby was born, an unidentified nurse employed by the hospital told the couple that the woman's husband was not the father of the child. The couple assumed that the fertility doctor must have used another man's sperm during the procedure.

In March 2012, as the couple was undergoing divorce, a paternity test showed that the husband was indeed the biological father. The woman then filed a lawsuit against the hospital, claiming that the defendant's negligence resulted in emotional and financial distress to the couple.

Establishing paternity is an important process for fathers who want to be involved in their children's lives. As this case clearly shows, misinterpretation of paternity test results can affect the lives of everyone involved - parents and the child. Designation of paternity can also affect child support and child custody issues. If the father is proven to be the biological parent of the child, for example, then he can be subject to making back child support payments. The father can also seek custody and visitation rights once he has been proven to be the biological parent of a child.

Fathers in Missouri who face paternity issues should consider the help of a qualified and experienced legal professional when filing a claim and requesting DNA paternity tests. In the end, the child will benefit from a definitive paternity test because he or she will be able to obtain emotional and financial support from the biological parent.

Source: Upi.com, "Hospital sued after wrongly telling man he's not father of baby," Feb. 5, 2014

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Joseph J. Porzenski
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