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From:
Coudray Françoise ADJ+ <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Thu, 1 Oct 2009 09:16:40 +0200
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I don't know much about all this, I do know many mothers here in France, who 
wished to intend a sue against the maternity (staff having given formula to 
exclusively breastfed infant - and all staff knowing the will to: no infant 
formula).. but I don't remember having read a case of "jurisprudence" 
relevant to this subject; (that should be in law, but it should mainly also 
be "a case law", so it was not on the law, but someone sued, and from the 
judgement, there was a case law so that other person can account on for 
their futur own case);

What you would need, is: to contact a lawyer (or a student in law), who has 
membership with a very large computerized library (a kind of pubmed but in 
law) who will be able to draw out the cases if they exist;
As far as I am concerned, I have already searched on Google (and etc.) for 
"jurisprudence" judgements, and found nothing; in my case, it was 
breastfeeding and work, so I contacted the "prud'hommes counsel" with the 
name, the date of judgement, and they sent me a copy; but no judgement was 
on the internet;

From there you also can search via "human being rights" and american 
convention of human being rights... in order to organize your possible own 
futur cas of law...

(sorry if my english is not clear, I am afraid today's not my day - normally 
I think in english and it is much better)

Warmly,
Françoise Coudray
Lactation consultant, IBCLC

----- Original Message ----- 
From: "Angie Daniels" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 30, 2009 8:43 PM
Subject: Lawsuit for giving formula



Hello All,

Does anyone know of a lawsuit against a nurse and/or hospital for giving an 
exclusively breastfed baby abm when the mother specifically stated that she 
did not want any abm given?  I have searched the archives and Google and 
can't find anything.  I imagine its possible to sue, but I'm not sure if its 
been done.  Even an article about the potential legal ramifications of doing 
this would be most helpful.

Best to all,

Angie Daniels, RN, BSN, IBCLC
Newark, NJ

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