You told the mom the latch looked “great” and to “trust her body.” Three days later, the baby is readmitted for severe dehydration and jaundice. The pediatrician notes “failure to thrive due to poor milk transfer.” The parents sue you for negligence, claiming your reassurance stopped them from supplementing with formula when it was necessary.
Key Takeaways
- Failure to Refer: This is the #1 suit against Lactation Consultants (IBCLCs) and Doulas giving feeding advice. You are liable if you delay medical intervention.
- Assessment vs. Advice: “The latch looks shallow” is an assessment. “Don’t use formula” is medical advice.
- Documentation War: Did you chart the weight loss? Did you chart “Refer to Pediatrician”? If not, you own the outcome.
- Scope Differences: A CLE (Certified Lactation Educator) has a much smaller scope than an IBCLC. If a CLE acts like an IBCLC, insurance denies the claim.
The “Why” (The Trap): Bodily Injury via Verbal Advice
You didn’t drop the baby. You just talked. But in malpractice law, “bad advice” that leads to injury is the same as dropping the baby.
The Exclusion: Many Doula policies cover “Breastfeeding Support” (positioning, comfort). They do not cover “Clinical Lactation Management” (diagnosing tongue ties, managing weight loss). If you stepped into the clinical zone without an IBCLC credential and policy, you are uninsured.
[IMAGE: Chart showing the ‘Danger Zone’ of weight loss percentage where liability spikes]
The Investigation: I Called Them
I compared coverage for IBCLCs vs. Doulas.
CM&F (IBCLC Policy)
- Coverage: Excellent. Covers “Failure to Refer” and clinical management.
- Requirement: You must have the IBCLC credential. A CLC or CLE credential gets a lower tier of coverage.
Doula Insurance
- Coverage: Limited to “informational support.”
- The Risk: If you used a tool (like a scale) to weigh the baby, you are performing a clinical assessment. If that scale was uncalibrated or you misread it, a Doula policy might argue you were acting outside scope.
Comparison Table
Lactation liability tiers.
| Role | Covered Actions | Risk of Suit |
| Doula | Positioning, encouragement | High if you advise against formula. |
| CLE/CLC | Education, basic latch | Moderate. |
| IBCLC | Clinical management, oral assessment | Low (if insured correctly). |
Step-by-Step Action Plan
- Define “Red Flags”: Have a hard rule. “If baby hasn’t peed in 6 hours, I must refer.” Write this protocol down.
- Document the Referral: If you say “Call the doctor,” send it in a text or email immediately so it is time-stamped.
- Stay Neutral on Formula: Never say “Don’t use formula.” Say “Here are the pros and cons, and here is how to preserve supply if you choose to supplement.” Let the parent decide.
- Tongue Tie Diagnosis: Do not diagnose tongue ties unless you are an IBCLC (and even then, diagnosis is often reserved for doctors in some states). Say “I see restricted movement, please see a specialist.”
FAQ
Q: I’m just a peer counselor. Can I be sued?
A: Yes. If you present yourself as an authority and people rely on your advice to their detriment, you can be liable.
Q: Does my policy cover me if I rent out breast pumps?
A: No. That is “Medical Equipment Rental.” You need a separate Product Liability/Rental rider.