The case of the babies who were mistakenly switched at Sheinovo Hospital has reached its conclusion. The Supreme Court of Cassation has ruled that one of the mothers contributed to the mix-up. As a result, the compensation awarded to the parents has been reduced by half, with the mother set to receive just over €10,000 and the father €20,000. The other mother chose not to wait for the outcome of the court proceedings. Her case was settled two years ago through an out-of-court agreement worth 70,000 leva.
On 13 September 2022, two women gave birth to baby girls at Sheynovo maternity hospital in Sofia. Nearly three months later, one of the mothers began to suspect that she was raising another family's child. DNA tests confirmed her suspicions. Four months later, the babies were returned to their biological parents.
Four years on, the Supreme Court of Cassation has ruled that the hospital was not solely responsible.
The notable aspect of the court's decision is that the judges found that the mother also bore some responsibility for the switch. According to the ruling, she was fully aware of the importance of the identification wristbands worn by both her and the baby.
Vili Kostadinova, lawyer for Sheinovo Hospital:
"The court analysed the evidence in the case extremely carefully and thoroughly. The ruling notes that when the mother began to suspect that she might be raising a child who was not biologically hers, the first thing she did was check the numbers on the wristbands. Clearly, she knew their significance."
Nevertheless, the hospital was found liable and the family won the case. Their objective was not to obtain financial compensation, but to prove that there had been negligence on the part of Sheinovo maternity hospital.
Stoyan Stoykov, lawyer for the family:
"We can only hope that the standard of healthcare provided to patients will improve. This case is of significant public importance and, at present, it is the only one of its kind in the judicial system. From that perspective, this Supreme Court ruling establishes legal precedent for similar cases."
Following the incident, changes were introduced to the hospital's protocols for newborns, along with stricter procedures. A sanction imposed on the hospital's director by the Medical Supervision Agency was later overturned by the court.