Kathleen please keep us posted on this case.  I think that this is
potentially important for us in the battle to make the hospitals Baby
friendly.  If the mother gets any kind of settlement it should be news that
is published somewhere so it can be referenced and shared with others.

The lawyers might want to comment further on the merits of the case.  It
seems to me that the mothers case has a weakness.  There seems to be no doubt
to us that the infant was harmed but she will have to prove that in court and
whether the court would agree is another matter.  The hospital's position is
slightly stronger in my view.  There is no doubt that care was given to the
patient and baby, supplies where used.  Therefore the hospital has a just
claim to expect payment even if the outcome was bad.  Take for example the
patient that has surgery and then developes a wound infection afterward.
 Even though things don't go exactly as planned the patient is still expected
to pay for the care that was given.  If the patient thinks that the care was
so bad so as to constitute "malpractice" then the patient could begin a
seperate claim that they are due compensation because of the "mistakes and
errors" that occured in the delivery of that care.

The mother has another claim that is perhaps a bit easier to claim.
 Treatment (feeding a bottle) that was given without informed consent.
 Apparently in this case was counter to written notice the mother had given.
 Courts, in my reading, appear to side with the patient frequently when the
issue of improper consent arises.

IMHO the best the mother can expect to get is an out of court settlement that
the hospital won't bill a portion of the hospital bill in exchange for a
release that the mother will not pursue a damage suit against the hospital.
 The hospital may just want the matter quietly settled and placed behind them
rather than risk the negative PR of a press conference of the mother telling
how the hospital treated her infant opposite of her requests.

This is a very interesting case and it deserves to be followed closely.
Keep in mind I am not a lawyer, just a country doctor that reads as much law
and medicine as I read about breastfeeding.

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<  Jon Ahrendsen, M.D. FAAFP, LLLI Medical Associate >
<  215 13th Ave SW,    Clarion, Iowa 50525  USA            >
<  515-532-2836, FAX 532-2523, Email [log in to unmask] >
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