Medical Justice provides free consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a free consultation.

The California Center for Reproductive Health (CCRH) is being sued by one patient for medical malpractice, breach of contract, and fraud. Another patient is likely to file their own lawsuits in the coming weeks. The origin of the conflict warrants discussion.  

If you monitor medical news outlets, you’re likely familiar with this story already; if you’ve missed it, we’ll fill you in.  

The California Center for Reproductive Health treated Daphna Cardinale and her husband, Alexander, in 2019. Daphna delivered a healthy baby girl later that year. Great news. But the patient was disturbed when her baby did not resemble her or her husband. The differences in their physical appearance were so stark, it warranted investigation. A DNA test followed, revealing no genetic relationship between the Cardinales and their “child.” Hmm. 

The lawsuit alleges the clinic placed the wrong embryo in the wrong woman. Or more precisely, it alleges the clinic placed the wrong embryos in the wrong women. Cardinale delivered another woman’s child and vice versa. 

Some facts to consider. While neither mother carried the child she intended to carry, both children were born healthy. The deliveries were otherwise uneventful. And the ensuing “swap” returned both children to their biological parents a few months after they were born. But the alleged mistake jeopardized each couple’s opportunity to bond with their biological children in the weeks following their birth. It’s not hard to see why the parents are so upset.  

Daphna Cardinale summarized her feelings at a recent press conference… 

“I was overwhelmed by feelings of fear, betrayal, anger and heartbreak. I was robbed of the ability to carry my own child. I never had the opportunity to grow and bond with her during pregnancy, to feel her kick.” 

Her husband was likewise disturbed.  

“The moment our daughter was born should have been among the happiest of my life. But I immediately felt shaken and confused as to why I didn’t recognize her. When the truth came to light, it made exchanging the children all the more heartbreaking. Losing the birth child you know, for the genetic child that you don’t know yet, a truly impossible nightmare.” 

The mix-up smells like a lab accident. There is a precedent for this sort of thing – a similar case occurred in 1999, approximately 20 years before the case described in this piece.     

The Cardinales represent but one half of this coin. What about the other family? They remain anonymous. But entities representing the family confirmed they are filing similar lawsuits of their own. 

This case is already a trainwreck. One can imagine how much worse it could have been if the children or the women who carried them experienced complications during their pregnancies or deliveries. For what it’s worth, both families seem determined to remain in touch as the children grow. Future family reunions promise to be interesting. They say, “the more the merrier.”  

What do you think? Let us know your thoughts in the comments below.  

Medical Justice provides free consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a free consultation – or use the tool shared below.

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. Byrd Adatto was selected as a Best Law Firm in the 2021 edition of the “Best Law Firms” list by U.S. News – Best Lawyers. With over 50 combined years of experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.