Building upon the discussion about whether helping a
cannabis/THC-using-parent to breastfeed will bring criminal culpability
down on the healthcare provider, Anne changes up the facts of the
hypothetical a bit, and asks, "So, what if the LC, knowing that mom is
under the influence of something, helps mom latch the baby anyway, but does
not talk to the mom about risks associated with substance use and
breastfeeding. And then something has happened to the baby within the next
day?"

Law school was fun this way.  The answer ALWAYS changes when the facts
change, and it is useful to do the mental gymnastics to figure out what
matters.

For the new hypothetical posed, I would say: the healthcare provider (HCP)
who failed to discuss risks-and-benefits with the substance-using parent (a
major premise of my original answer) is using pretty crappy clinical
technique. But culpability for later criminal or tortious behavior by the
parent is not going to "reach back" and ensnare the HCP.

Think about it this way: Imagine a drunk driver came into the emergency
room, and the doctors and nurse patched the driver up, and didn't talk
about rehab, and pretty much rolled their eyes with disgust cuz this was
the driver's third such visit for alcohol poisoning this year, and they
don't see this person stopping their drinking anytime soon.  They send the
driver on their way .... and the driver got drunk again the next day and
this time killed a kid when they drove their car.  The RNs and MDs and
social workers who saw the driver at the ER the day before are NOT going to
be held liable, criminally or civilly, for that driver's crimes.

Whether or not "best practices" are being employed by HCPs, or the
healthcare system, to provide any patient with the social and community
supports they need outside of clinical care, and after discharge is one
thing, and one aboutt which we can and should engage in healthy
discussion.  But fear of culpability or litigation for the actions BY
another, subsequent to one's clinical contact with that person, should not
prevent us from offering our best care today, in the moment -- including
breastfeeding support.

-- 
Liz Brooks, JD, IBCLC, FILCA
Wyndmoor, PA, USA
Director, Human Milk Banking Assn of North America (2015-19)
"IBCLCs empower women and save babies' lives!"-Ursuline Singleton

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