The girl's lawyer changed at birth: "She faces a total rethinking of her life and relationships"

19 years ago, at the San Millán de Logroño hospital, there was a human error that ended with the exchange of two babies in two incorrect biological families.One of the girls ended in a structured family, argues the defense, and the other was raised by his maternal grandmother who, when trying to get the father to pay an alimony, discovered that neither he was his father nor his daughter the parent of the parent of thegirl.By the time this was uncovered, the young woman was already a teenager.

During an interview with Eldiario.It is, the victim's lawyer, José Sáez Morga, has assured that his defended now "faces a reset of his life, which is not to start from zero but starting from 'less quite quite'.It is a total rethinking of life, relationships and everything ".Sáez Morga has also assured that they will reach the end of the matter, but that it must be a satisfactory conclusion, "not with amounts that seem quite scarce".The administration, at the expense of the last DNA test, offers 215.000 euros as compensation.The defense claims three million euros for the moral damages suffered.

Why did the young woman come to her office at first?

He goes with a judicial resolution in which the non -fatherhood of his theoretical father had already been recognized until then.And, on the other hand, she had a report from a Zaragoza Institute in which it was also collected that she was not the daughter of her theoretically biological mother.That more a blood test in which it followed that its blood group, the one that held until that moment, was not correct.That had a different one.

In what situation were she and her family?

She was in foster care with a grandmother with tutelary functions.

How long did her grandmother of her have taken care of her?

From practically birth.Since a year later, since 2003.First in foster care and then completed with the tutelary functions.Following the guardiansIt was not the biological father.With which, the defendant of the food petition was acquitted and file was filed.

When did his defendant realized that his biological father was not?

I don't know exactly when the grandmother is informed.Anyway, it is in 2018 when she knows the two circumstances [that neither her father nor her mother are her biological parents].When he turns 16, we obtain what is called the benefit of the age of majority, and with that character we prepare a writing and the background that we have expressed for the inspection of the General Directorate of Benefits and Health Pharmacy of La Rioja sayingI have this data and, therefore, tell me who my parents really are.

What asks for your defendant?

With the greater data obtained from that medical inspection, in which, from a sample of 13 children, 13 neonates, in the end the issue is reduced to these two people.That is turned to a preliminary proceedings procedure that, with our knowledge more the subsequent communication also by inspection before the requirement of the court of who really that other girl would be, the archive of these preliminary proceedings is produced.Then it is the Fiscal Ministry, in safeguarding and defense of minors and also of public order, in that the Civil Registry cannot contain false data due to erroneous, promotes a mixed action of affiliation.This, with the result of the DNA tests - which we are aware of receiving since January 2021 of the Institute of Toxicology and Forensand will be corrected in the Civil Registry.

We also promote an administrative claim against health for patrimonial responsibility for moral damages and that is a procedure that is currently suspended at the expense of receiving these DNA test results.In our opinion, this suspension in the administrative file was not necessary because there are already sufficient elements of judgment to determine that the error has occurred.

The Minister of Health has admitted the error, and added the comment that currently a situation could virtually not occur, which has already corrected in different media, because here the margin of error has to be zero.There must be a full security that who is born is correctly identified and delivered correctly to their biological parents.

Is something known about the other victim?Is it known if she will also report?

We do not know.It is expected, but it is an issue that depends on your decision.

How is this process affecting his defendant and also that he has jumped to the media?

Some have even requested us to be able to interview it personally, which we are declining because it is contraindicated because it stresses it.And, for the rest, because the situation is that he faces a reset of his life, which is not to start from zero but start from 'less quite'.It is a total rethinking of life, relationships and everything.

The Rioja Health Ministry offers 215.000 euros and talk about a human error.Do you consider it enough?

Not in any way.All this after telling us in the file that there is no causal relationship, that there is no unlawful and that there would be an obligation to endure it, which is a real barbarity.And then propose that, in any case, subsidiarily 215 are given.000 euros.

His defended has been immersed in this judicial process for three years.Do you want to end?

We all want to end, but not to the point of succumbing to the claims of the other party.In both aspects I want to say that we want to clarify with the result of the DNA tests that, as I say, will only confirm the other elements.And the patrimonial claim, because too, but we are satisfactorily.Not with amounts that seem quite scarce.

Have your defendant be willing to establish some kind of relationship with your biological family if the analysis confirms it?

Yes, but it is a matter that also depends on the other part.Yes, there is, in principle, but I do not want to enter that kind of thing because they affect both the initiative of both.