I just wanted to let you know that I did email my friend the Lawyer (teaches Law as well) about the battery issue that had been mentioned a few days ago.  I wanted to be sure that I could talk to the staff/nurses at the hospital where I see moms/babies about this issue and have some good info behind me.
 
Here is what he had to say in response to my question about battery and who could be charged."Battery is basically an unwanted/unauthorized touching.  It is a criminalcharge and also a civil wrong.  I don't know which you are referring towhen you say that someone can be charged with battery.  It wouldn't flycriminally, because the mental intent element of criminal battery isknowingly, and presumably a hospital worker would do what you're talkingabout not knowing of the parents' wishes, so it's not knowingly.  Civilly,yes the hospital worker can be sued for it because no consent was given forthe touching/treatment.  It doesn't matter if the employee is a nurse or adoctor, although no consent is required to be obtained if immediatetreatment is necessary to save the baby.  As you saw from the casesyesterday, the state can force treatment over the parents' objections toprotect the health of a baby.  Battery is a common claim in cases ofmedical malpractice where the doc operated on the side of the body orotherwise exceeded in what he said he would do (and what he got consent todo).  However, realistically the suit would only be filed if the damagesare high enough (serious injury or death resulted).  General elements of atort claim: wrongful act, causation, and damages.  If the damages are minoror trivial, no lawyer would take the case because it's not worth the timeand effort."
 
I did email him back and told him about the issues we have at the hospital with one nurse in particular not bringing the baby to breastfeed for all of the feedings. There are no doctor's orders for supplementation, etc. She has done this to several of my clients and I have told them to report her to her supervisor and write a complaint when they are discharged (we know all hospitals send out that survey--I told them to be honest and name names!)
 
I will let you know if he responds to this last part...interesting to get a lawyer's perspective--that happens to be male--but in his defense, he is a supporter of the cause!  Have a blessed day,Merideth M. Buell, BFPCDSHS [log in to unmask]  
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