>
> Regarding lawsuits for feeding ABM without parents' consent - is the need
> to prove damages the same in a battery tort as it is in a negligence
> (medical malpractice) tort?  If not, that may be an alternative.
> Also, I'd be happy to be a expert witness.  I have lots of experience as an
> expert in med mal cases - and a great record for being on the winning side.
> Julie Graves Moy, MD, MPH
> Austin, Texas


Julie-

It is my understanding that the case Priscilla Bornmann took to court in
DC recently was filed as a battery claim because it qualified as one
and  they were then able to avoid the pesky damages problem.

I am on indefinite leave from law school at the moment (and may never
return), but prior to my leave, I was working a on a journal article in
which I proposed that the damages in a malpractice suit of this type
could be defined as a loss of consortium   (as when the similarly
intimate relationship between husband and wife is interrupted by
negligent medical practice). Another possible, though less probable
theory would be loss of chance.

Katie Allison Granju
Knoxville, TN
--
"Breastfeeding-Free Health Insurance For Every Baby"
FIAT Parts listing:  http://www.esper.com/cltg/fiat/