I gave a talk on these issues this past June, at a lactation consultant training (with
a great deal of assistance from Pris Bornmann, another lawyer-lactivist).  Here
are a few thoughts to ponder.

However much I would love to put the fear of malpractice to work in favor of
mothers and babies, my understanding is that such a claim will be hard to make
stick in court.  For one thing, as previously pointed out, it is the standards of
practice prevalent in the community that govern rather than the best standards
supported by research and reason.  Second, you have to have some kind of
clear causal link between harm to the baby and the lack of breastfeeding.  While
we all know that the population studies demonstrate the substantial risks of
artificial feeding, it can be difficult to demonstrate the precise harm to any
particular baby.

A narrower claim that is more likely to succeed, is what is called (not at all
facetiously) "battery with a bottle".  If the parents have not given permission for
artificial nipples, and the baby is given them anyway, there is a colorable claim
for battery.  Exemplery (punitive) damages can be assessed for the violation of
bodily integrity, even if the baby is completely unharmed.  A few cases like this,
even if the amount of damages were not great, might go a long way toward re-
educating the doctors and nurses in maternity practice.

Rachael Hamlet
Lawyer and Lactivist