Regina writes:
"I don't understand the benefit of NOT keeping records. It seems riskier to me not to - it's not like a lack of records will keep us out of court. But I'm no lawyer.... "

Well Regina, I am a lawyer ... and you have hit the nail on the head.

Failure to keep adequate records -- esp. for an institution providing health care -- is just about the dumbest thing I ever heard of.  The liability exposure for no record-keeping vastly outweighs the liability for spotty or scant record-keeping.  All the records do is reflect the contact the patient/mother had with her caregiver.

Phone triage tools do NOT have to be complex -- although I applaud the computerized Miami WIC system Regina describes.  They need to indicate, at a minimum, who called (and when), her contact number, to whom she spoke, what problem/Q was presented, and how it was resolved.  Every single phone call should conclude with the sentence, "If you continue to have questions or concerns, call your baby's doctor/your doctor."  Why?  Because IBCLCs are members of the health care *team.*  We do not operate in a vacuum, all by ourselves.  ("Apr 23 2008.  Jane Doe called; 215-555-1212.  Spoke to Liz Brooks IBCLC.  Complained of sore nipples during latch of 5-day-old baby.  Discussed positioning; encouraging wide-mouthed latch by starting baby nose-to-nipple.  Told Mom to FU with her/baby's MD if further concerns.")

And I'll use this soapbox to dispel another forehead-slapper I've been getting at conferences:   IBCLCs who have been told they shouldn't get professional laibility insurance, because then "they will know who you are and can find you and sue you."

ACK!  NO!  For crying out loud -- does anyone honestly think they can't be "found"?  Practicing *without* liability insurance merely puts your car, your house, your family silver and the children's college funds at risk.  To say nothing of your license to practice (as an RN or MD or CNM -- no licenses yet for IBCLCs).
People get sued even when they practice excellently.  

Please -- if you are in the USA -- join ILCA (which means you automatcally are a member of USLCA)  so you can buy yourself professional liability insurance for $109/year.  


Liz Brooks, JD, IBCLC (ILCA Secy 2005-08)
Wyndmoor, PA, USA

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