Litigation and Lactation: Role of the IBCLC in Legal Cases

Time-frame: 60-90
CERP: yes

Imagine parents in a bitter custody dispute: Dad wants overnight visitation; Baby is still nursing at night, Mom wants you to testify on her behalf. Can an IBCLC testify in court in this dispute? What if the Dad wants the IBCLC to testify? Can IBCLC be paid for her time to prepare for court; what happens if the case gets settled at the last minute? Does the IBCLC need a lawyer herself? As our profession grows, more IBCLCs are finding themselves being asked to share their professional and clinical expertise in court cases. This session will examine the IBCLC’s legal and ethical responsibilities if asked to participate in a lawsuit involving lactation or a breastfeeding woman’s rights. This one is for everyone: While Liz’s expertise is in American law, the concepts are universal, and the IBCLC practice-guiding documents are international in scope. At the conclusion of this session, attendees will be able to (1) Identify the IBCLC’s four practice-guiding documents describing legal and ethical obligations to a lactation patient/client; (2) Describe the difference between a fact witness and an expert witness in a legal case; (3) Understand factors preventing an IBCLC from serving as an expert witness in a lawsuit; and (4) Explain why it is not a conflict of interest for an expert witness to be compensated for working on a case


Country: USA
Phone number: 215-836-9088
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