Liability and Lactation Counseling: General Advice

Disclaimer: I am not an insurance professional, or a lawyer. This is general advice for consideration and educational purposes. Everyone has their own individual set of circumstances and you should verify with the proper professionals to assure your insurance needs are covered correctly.

The chances of being sued as a lactation consultant are slim, but it’s not a 0% chance. If you are sued, and a judgment is ordered against you, there are two things that will determine the financial harm you may experience:

1.) The structure of your business.

• Various business setups include sole proprietorships, limited liability companies, and corporations, along with other options. These structures vary in the ability to shield your personal assets.

2.) Your liability insurance.

• If you are providing breastfeeding support you should have liability insurance in place.

• Several factors need to be considered here:
  
  A.) Are you covered by insurance with your formal employer? If you are, and you do not practice outside of this employment arrangement, you may not need independently purchased liability insurance.
  
  B.) Are you providing peer support with an established organization and staying within the confines of that role? You should be covered by the organization’s liability insurance.
  
  C.) Are you providing breastfeeding support through your own company? You need liability insurance.

Liability insurance is determined by your highest level of certification and your cumulative certifications. In the lactation community, a lot of individuals also have other certifications and licenses. Some are licensed health care providers, and they will need liability insurance that factors that license in. Some hold other positions in the birthing community as doulas or childbirth educators. They will need to discuss with their insurance provider what level of insurance will be necessary to cover them.

I do not hold other roles or licenses, therefore, my liability insurance only reflects my role as a lactation consultant. I opted to purchase insurance with CM&F Group, Inc. for my private lactation practice. They have a great reputation in the lactation community and are affordable.

Pricing is based on certifications, location, and time since initial certification (there is a discount your first year).

Here is a sample of the cost estimate for a lactation consultant located in Connecticut.

CM&F also provides an option for general business liability which covers things such as liability for your home office with your practice. You should always check with your home-owner’s and renter’s insurance to verify your additional coverage needs for your individual situation.

The bottom line: protect yourself, your family, and your business. Make sure you are using a business structure that protects your assets, and make sure you are insured.