This better get dismissed:

Hernandez, a 26-year-old illegal immigrant, was arrested “” along with his girlfriend, 22-year-old Yuribel Najera “” last year in connection with the death of their daughter, two-month-old Judith Hernandez. They are both charged with homicide by child abuse.

Hernandez is accused of slamming the newborn against a wall in a fit of rage. Najera allegedly failed to get her daughter the medical attention she needed for nearly 24 hours.

Once the baby was taken to the hospital, she was transferred to MUSC where she remained on life support for 40 days before the doctors pulled the plug.

Even though he is the one who allegedly caused his daughter to suffer the injuries, Hernandez is suing because he feels the hospital had no right to disconnect the life support without his permission.