Building upon the discussion about whether helping a cannabis/THC-using-parent to breastfeed will bring criminal culpability down on the healthcare provider, Anne changes up the facts of the hypothetical a bit, and asks, "So, what if the LC, knowing that mom is under the influence of something, helps mom latch the baby anyway, but does not talk to the mom about risks associated with substance use and breastfeeding. And then something has happened to the baby within the next day?" Law school was fun this way. The answer ALWAYS changes when the facts change, and it is useful to do the mental gymnastics to figure out what matters. For the new hypothetical posed, I would say: the healthcare provider (HCP) who failed to discuss risks-and-benefits with the substance-using parent (a major premise of my original answer) is using pretty crappy clinical technique. But culpability for later criminal or tortious behavior by the parent is not going to "reach back" and ensnare the HCP. Think about it this way: Imagine a drunk driver came into the emergency room, and the doctors and nurse patched the driver up, and didn't talk about rehab, and pretty much rolled their eyes with disgust cuz this was the driver's third such visit for alcohol poisoning this year, and they don't see this person stopping their drinking anytime soon. They send the driver on their way .... and the driver got drunk again the next day and this time killed a kid when they drove their car. The RNs and MDs and social workers who saw the driver at the ER the day before are NOT going to be held liable, criminally or civilly, for that driver's crimes. Whether or not "best practices" are being employed by HCPs, or the healthcare system, to provide any patient with the social and community supports they need outside of clinical care, and after discharge is one thing, and one aboutt which we can and should engage in healthy discussion. But fear of culpability or litigation for the actions BY another, subsequent to one's clinical contact with that person, should not prevent us from offering our best care today, in the moment -- including breastfeeding support. -- Liz Brooks, JD, IBCLC, FILCA Wyndmoor, PA, USA Director, Human Milk Banking Assn of North America (2015-19) "IBCLCs empower women and save babies' lives!"-Ursuline Singleton *********************************************** Archives: http://community.lsoft.com/archives/LACTNET.html To reach list owners: [log in to unmask] Mail all list management commands to: [log in to unmask] COMMANDS: 1. To temporarily stop your subscription write in the body of an email: set lactnet nomail 2. To start it again: set lactnet mail 3. To unsubscribe: unsubscribe lactnet 4. To get a comprehensive list of rules and directions: get lactnet welcome