A North Carolina woman is suing the hospital where she gave birth after a nurse told her that her newborn daughter had died, only for a doctor to call her by mistake days later and tell her the baby was alive.
LaChunda Hunter said she got pregnant in September 2021 after believing that she’d never be able to have children, according to WCNC.
After showing signs of high blood pressure, she had to undergo a C-section on Feb. 13, 2022, and gave birth to a baby girl named Legacy at Novant Presbyterian Medical Center.
Hunter was released from the hospital three days after the procedure, while baby Legacy stayed in the NICU.
“She was thriving, they thought the worst, but she did well,” Hunter said at a press conference.
On Feb. 19, she went to visit Legacy and learned from hospital staffers that the baby was “responding to antibiotics” and “looking beautiful,” the lawsuit states, per Law&Crime.
But that evening, she received a devastating call that Legacy had died.
The next day, Hunter went back to the hospital, where she and her friends were led to a “windowless and dark” hospital room that appeared to be a storage closet, and she was given “a baby” that a nurse identified as Legacy, the complaint states.
“They brought me a baby wrapped in a whole bunch of blankets,” she said. “I don’t know what the baby looked like because it was so dark.”
As Hunter began making funeral arrangements, she got another shocking call from the hospital on Feb. 22.
“Dr. Jay Kothadia identified himself to [Hunter] and shared that he was very excited to share Legacy’s test results,” the complaint explains. “He spoke in detail about the improvement in Legacy’s jaundice, white blood cell count, and breathing levels. He continued and said that things had really turned around and he was happy and ‘very optimistic’ about Legacy’s condition.”
Hunter listened to the doctor’s report “in a state of shock,” prompting her work assistant, who was with her at the time, to interject on her behalf.
“You told her that her baby was dead!” the assistant shouted into the phone, per the complaint.
“Dr. Jay Kothadia immediately hung up the phone leaving [Hunter] in a state of severe distress and confusion,” the complaint alleges.
Hunter “immediately and desperately” called the hospital back, but no one answered, so she left a message.
Some time later, another doctor called, apologizing for the mistake and explaining that the test results that Dr. Kothaida shared with Hunter were for a different baby, the complaint states. The confusion allegedly stemmed from an incorrect telephone number that was recorded on the baby’s chart.
The lawsuit states that Hunter tried to probe further into the matter, pointing out that the test results Dr. Kothaida reported were consistent with the health conditions for which Legacy was being treated. But the doctor became defensive and informed her that if she came to the hospital seeking answers, “security would be called and she would be arrested,” the complaint states.
Hunter is still unsure whether the baby she buried is actually Legacy.
The suit states that the blanket-covered baby she was allowed to hold the day after the child died had no tubes in her throat, nose and mouth. Yet, Legacy’s medical chart stated that the tubes weren’t removed until days after she had died.
Before the baby’s funeral, Hunter ordered a private DNA test that came back inconclusive. She said the baby she buried looked different and older than Legacy.
“This baby doesn’t even look the same as my daughter. My daughter had clear marks on her forehead from skin and bruising. This baby does not have any marks, no sores, anything,” Hunter said.
Novant requested a second test that determined the baby belonged to Hunter, but Hunter is wary about those results since she never signed over a DNA sample.
“I don’t want any mother to feel this,” she said. “I don’t want any mother to go through what I’m going through.”
Hunter wanted Novant to investigate the case and also wanted to view her baby’s medical records, as well as the records of the baby whose results were initially reported.
The lawsuit claims Novant never followed up with Hunter to explain what took place from the time her baby was admitted to the NICU to the day the child reportedly died.
She’s suing the hospital for negligence and emotional and financial distress.
Novant Health released this statement to WCNC after being asked about Hunter’s claim:
“We value the trust families place in us, and while privacy laws prevent us from commenting on individual circumstances, we take all concerns seriously. As caregivers, we guide people through profound moments of joy and loss, and we carry a deep understanding of the complexity of grief. As a result, our care teams are wholly committed to surrounding all families with compassionate care, respect, and support.”
