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Subject:
From:
Arly Helm <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Sat, 20 Nov 2004 22:11:51 -0800
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Why "nervous making"?  Jan, you correctly guessed my fear--in this litigious
society, and with my non-legal background, I am subject to fears of being
vulnerable to liability.  Plus, I've learned (by stunned observation) that
some people will do things no reasonable person would do, and this adds to
my perceived vulnerability of legal action should something go wrong.

I am somewhat relieved in my mind to hear that you have had legal counsel
evaluate this potential.  I had not thought to obtain a legal opinion.

Anyway, between the three factors of 1) my perceived need for a device such
as this being fairly rare; 2) my fear of legal liability; and 3) my
observation that the occasional new mother will behave irrationally, I have
limited my use of this tool.  Luckily, there are very few times I've felt
that breastfeeding could not go forward without the mother taking some
direct action to assist nipple protractility.  

Even if I were not so nervous about the legal angle, I think I would still
feel it was a tool best reserved for rare occasions.  I wouldn't want to see
mothers using it when it wasn't needed, substituting this tool for more
basic breastfeeding skills.  Laurie's point about latch often being a
management issue rather than an anatomical one is, I believe, valid.

I know we have some lawyers on Lactnet--maybe we could get some more legal
opinions that IBCLCs should not be nervous about instructing people in the
use of the reverse syringe.  Would this be outside the purview of our
professional organization to undertake--could ILCA hire an attorney to issue
an opinion?

Arly Helm, MS, IBCLC

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