Hello all - sorry for the delay in responding - sometimes I am overwhelmed with digests (this and several others I subscribe to...) so don't hesitate to copy a post to me that you think I might be interested in responding to (anything legal!). There have been a few lawsuits about this. One in the DC area where the hospital sued for the bill to be paid, and the mother counterclaimed with the fact that they gave bottles without consent. One theory is that it is a battery. Another is that it violates the contract the mother has with the hospital. I don't know the result - Rachael Hamlet (Lactivist) may know. One hospital down in Florida was sued for giving bottles - but they also circumsized the baby without permission, so they had a stronger case. Again, I don't know the result. Most likely it was settled. >... However, from a legal >standpoint you have the "damages" problem. There is no question, I think, >that violations of your explicit instructions constitutes a medical procedure >in violation of your informed consent release form. However, for a >malpractice action you need "damage." Absolutely. And it is hard to sue someone these days for malpractice anyway. Hard to get doctors to testify. Hard to get a lawyer to take the case on a percentage if there aren't big bucks involved. And how do you prove that the baby was damaged by getting a bottle or two? If the baby developed nipple confusion, and the mother had to retain the services of an LC to straighten it out, then she would have those costs as damages. If breastfeeding failed totally, she may be able to recover the cost of formula for a year (one case gave this as damages). But you not only have to prove damages, but causation. How do you prove that the illnesses the baby had are the result of formula? How many doctors are going to go out on a limb and testify to this? Some day, however, there will be a case where because of breastfeeding mismanagement (which is how I view giving a baby a bottle when not authroized to do so) a baby becomes severly ill, or dies because of an adverse reaction to formula. It will probably be only then that the medical professional realizes that there is a risk of liability for their actions. It is important that nurses do not give bottles without permission. They risk not just liability, but more importantly sanctions for violating the mother's rights. Mothers don't have to sue to seek relief. They can file grievances and complaints that can put the person giving the bottle just as much grief as anything else. They can file grievances against doctors with the state or county medical boards. There are other ways to seek relief. Liz Baldwin _______________________ Elizabeth N. Baldwin, Esq. Baldwin & Friedman, P.A. 2020 N.E. 163rd St. # 300 N. Miami Beach, Fla. 33162-4970 Phone: 305-944-9100 Home office: 954-929-9090 Fax: 305-949-9029 [log in to unmask] http://www.parentsplace.com/shopping/esq/index.html Breastfeeding and the Law: http://www.lalecheleague.org/LawMain.html