<If a mom and a baby are having a difficult time BF because when the baby was
<born there were too many people intervening in the BF process (i.e. pushing
<babys head into the breast numerous times, giving bottles when told not to,
<lying on hosp records {saying baby nursed when he didn't to make the records
<look good} etc.) , would this mom have any legal recourse against the
<hospital?

Suing is very difficult, as Rachael pointed out. However, I believe that the
problem with BF mismanagement is not that the standard of care is so low,
but rather that it is very difficult to find expert witnesses willing to
testify against doctors. You can have the best claim, but without evidence
there is no case

In regards to a claim for battery, it is very difficult to prove causation -
that their actions caused the harm to the baby.  And in both situations
(malpractice vs. battery) what are the damages?  They are a bit more certain
when the baby weans, but causation must still be proven. Lawyers are not
likely to take a case on a contigency with no hope of recovering substantial
damages, and mothers are not likely to spend money hiring a lawyer with
little to recover.

Some day I expect to see a lawsuit against a doctor or hospital where
breastfeeding failed because of mismanagement, and the baby became serious
ill or died from formula.  I hope the medical profession takes
responsibility for making sure this type of thing doesn't happen, through
education of the doctors and nurses.

However, does that mean that everyone must stand by and do nothing?  Mothers
can speak up.  Let the hospital know what went wrong.  How they would like
things to change.  There are many ways mothers can do this.

Liz Baldwin
Elizabeth N. Baldwin,  Esq.   305-944-9100  Home office:  305-940-7873  Fax:
305-949-9029
E-mail:  [log in to unmask]    or    [log in to unmask]
Attorney specializing in breastfeeding and the law