Kathy Eng asks, "How do you all feel about the liability insurance needs for those of us NOT in private practice who occasionally help someone for free. If one does a free lactation consultation without carrying liability insurance could one still be sued and they win?" The short answer (for those of us in the US) is: Yes, you can be sued, and yes, they can win. The long explanation: The American jurisprudence system makes it easy to initiate a lawsuit -- even a whacky one. Once filed, the lawsuit takes on a life of its own. You have to spend time and money defending your position. That is why professional liability insurance is so helpful -- it buys you the lawyer you need if you get socked with a lawsuit. "Good Samaritan laws" may provide a defense .... but you still have to spend time and money defending your position. Here's the math: for about $160 A YEAR, a professional liability insurance policy covers your legal costs for all those depositions and meetings and court dates. Without it, if slapped with a lawsuit, you'll be paying your lawyer about $160 AN HOUR for all those depositions and meetings and court dates. And you'd be surprised at how quickly a lawyer can legitimately spend 50 or 100 hours researching and representing your case. Now, for the unsolicited ethical commentary: anyone seeking the pro bono assistance of an IBCLC is seeking it *precisely* because s/he is an IBCLC. Mom isn't asking the vegetable grocer to give a pro bono consultation ... she is asking the IBCLC. Doing a pro bono consult out of the kindness of your heart doesn't diminish your professional responsibilities under the ILCA Standards of Practice and IBLCE Code of Ethics one iota. You still have to get consent, honor privacy, and send a report to the HCP. And if you are acting in a professional capacity, even for no money, you'd be well-advised to have professional iability insurance. Liz Brooks, JD, IBCLC Wyndmoor, PA, USA *********************************************** To temporarily stop your subscription: set lactnet nomail To start it again: set lactnet mail (or digest) To unsubscribe: unsubscribe lactnet All commands go to [log in to unmask] The LACTNET mailing list is powered by L-Soft's renowned LISTSERV(R) list management software together with L-Soft's LSMTP(R) mailer for lightning fast mail delivery. For more information, go to: http://www.lsoft.com/LISTSERV-powered.html