Legal Question in Medical Malpractice in Minnesota

Re: woman gives birth,is told child dies, find her adopted daughter

There are both criminal and civil possibilities in this situation. If the authorities have not yet been notified that this happened they should be informed. i.e. police, sheriff, etc. You might also have a claim against the person who stole the child to give for adoption. The value of this would be hard to determine but probably substantial. These involve such unusual facts that I would recommend that you contact an attorney in the state where the child was born.

Re: woman gives birth,is told child dies, find her adopted daughter

This is very thorny indeed. It raises issues of malpractice, and outright fraud and possibly a tort of "intentional infliction of emotional distress." This is a cutting edge sort of issue. There is also a potential problem with the statute of limitations. (There are, however, some exceptions in cases of fraud and concealment.) As a legal matter, you may have a claim, although it would be an uphill battle, especially with the passage of time and loss of documents. (I am somewhat curious as to how you could do such an adoption search anyway.) Regarding damages, it is impossible to say what a jury would ever award for such a claim. As a practical matter, you of course must ask what you hope to gain, and whether the battle is worth it. There could also be criminal ramifications, but again there may be some limitations and proof issues.

Perhaps someone else will have a more thorough answer. Good luck.