> There have been a lot to talk about law suits and nurses giving
> ABM without consent.  Have there been any cases taken to court??
> It would sure make nurses think twice before they give ABM without
> consent.

Yes.  I was privileged to sit in on a case Pris Bornmann JD took to
court when I happened to be in Washington DC in November last year.
I understand it is being written up - I know a colleague, Dot Drew,
is presenting it at the NMAA Conference (*starring Kathy Dettwyler*)
in Sydney in October.

Despite star expert witnesses like Miriam Labbok, JoAnne Scott and
Ann Cagigas, they lost the case.  Long story, but part of the
problem was that the supplemental bottle(s) that were clearly given
to the baby were not written up in the case notes. The hospital may
have won the case (at great expense - much staff time in court plus
legal fees) but I can bet that hospital has changed its practices
and will never ignore a mother's instructions so blatantly again (ie
we lost the battle, but won the war). I would like to think they
were embarrassed when their archaic and substandard practices were
exposed in court.

There are lessons we can teach mothers from this case. It is not
enough to say "no bottles", the parents should ensure the baby's
notes *also* say no formula, no glucose water, no water - nil orally
except breastmilk. Also, make sure all supplemental feeds are
documented. It is easy to deny something there is no record of.

In brief, the mother had a very suck confused baby (told "she's not
hungry, she has just been fed"), was offered no breastfeeding help,
and failed to establish breastfeeding despite strong motivation.
Child has had several hospital admissions for pneumonia, etc.

Ros Escott BAppSc IBCLC
Tasmania, Australia