Hello,
        I need some advice. After finding out on Monday that I passed the
IBCLC exam, (Yippee!) I am being called to testify in a court case as an
expert witness because I am both a licensed midwife and an IBCLC. The
hearing is tomorrow! Help!

        The case is about a baby born 4 days ago. Horrible story, homebirth
transport, badly infected mom and baby. Emergency section, baby ok but on
antibiotics. He is still in the hospital. Baby has positive tox screen for
barbiturates. Unmarried couple is homeless. CPS wants to take the baby
away. Sounds bad for them.

        Now for the rest of the story. The midwife involved has been
disciplined in peer review and will stop practicing and give up her
license. She is taking full responsibility for the outcome of this birth.
The positive tox screen was from a poppy and valerian tincture she gave to
the woman to help her sleep. These people do not use drugs of any kind. The
pediatrician taking care of the baby is willing to testify that the baby
will have no long term effects from the birth. The couple is getting
married today and will have a place to live by tomorrow. The baby is
breastfeeding very well. CPS is saying that they will still take the baby
because of "gross medical negligence".

        My position will be that to take the baby away will end the
breastfeeding relationship of mom and baby. This will harm the baby
medically and emotionally thus punishing a truly innocent baby. I would
like to have any studies that could back me up here. I will try to contact
Liz Baldwin today and see what she recommends. Any one else like to give me
advice or recommend anything? I feel a little over my head.

Thanks,
Janet Hoover Malo, LM, IBCLC
Santa Cruz, CA

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