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Date: | Wed, 11 Nov 1998 20:49:03 EST |
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In a message dated 11/11/98 8:21:17 PM Eastern Standard Time,
[log in to unmask] writes:
> 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.
>
I believe that the causal link between cessation of breastfeeding and
subsequent illness is nearly impossible to make in a potential malpractice
case. For this reason, the harm needs to be identified as *the loss of the
breastfeeding relationship itself*. The US Supreme Ct has already defined the
breastfeeding relationship as an intimate familial tie. I believe that the
next step is to have a case where the mother sues the negligent HCP for loss
of her nursing relationship just as she would sue for loss of consortium if
sexual relations were no longer possible with her partner due to medical
malpractice.
Katie Allison Granju
Knoxville, TN
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