AB023. Exclusive breastfeeding: regarding a medical-legal case

AB023. Exclusive breastfeeding: regarding a medical-legal case

Narda Castellanos Joo, Verónica Tenchipe Navarro, Arturo González-Ledesma

Department of Quality of Clinical Care, Tecnológico de Monterrey, Mexico City, Mexico

Correspondence to: Narda Castellanos Joo, MD. Department of Quality of Clinical Care, Tecnológico de Monterrey, Av. Eugenio Garza Sada 2501 Sur, Tecnológico, 64849 Monterrey, Mexico City, Mexico. Email: nardacastellanos@hotmail.com.

Abstract: Multiple national and international organizations recognize the importance of breast-feeding, as the only ideal food for the newborn exclusively during the first six months of life; helps the proper development of infants, fostering the mother-child relationship and reducing the risk of presenting different types of infections. One of the main reasons for the case report is because there is not enough literature in Mexico on child abandonment, in a medical and legal context. What has more weight for the law, the health or safety of the newborn? An unplanned out-of-hospital birth newborn was present to the pediatric emergency room, abandoned on a public road, brought by a female who reports finding the newborn. On admission, the patient had somatometry within normal parameters, Capurro approximately 40 weeks gestation. Entering with diagnoses of severe hypothermia, asymptomatic hypoglycemia and full-term newborn with adequate weight for age. The corresponding authorities were notified. Starting the next day feeding with milk formulas orally through the lactation service that is available in the hospital. On the other hand, in the obstetric emergency area, the same woman who brought the newborn, comments that she is the mother, but she was unaware that she was pregnant. Who later requested fed the newborn with breast milk; however, the authorities denied access to the minor because for the newborn’s safety, since he could not be exposed to the person who abandoned him and put his life at risk. During the fifty-three days of hospital stay, the mother was denied to breastfeed the baby, for legal reasons, but is it ethical to deny breastfeeding to the newborn at such important stage of its development? The hospital is obliged to have the service of a donor human milk bank, or what kind of interventions can be performed? How we can apply the recommendations of the World Health Organization, as the International Code of Regulation of Substitutes?

Keywords: Breast feeding; child abandoned; food security; legal case


The authors are grateful to the Cambodian Ministry of Health, district health and hospital representatives from participating institutions, without whose help and support this would not have been made possible.

Funding: None.


Conflicts of Interest: All authors have completed the ICMJE uniform disclosure form (available at https://jphe.amegroups.com/article/view/10.21037/jphe-2023-apru-ab023/coif). The authors have no conflicts of interest to declare.

Ethical Statement: The authors are accountable for all aspects of the work in ensuring that questions related to the accuracy or integrity of any part of the work are appropriately investigated and resolved.

Open Access Statement: This is an Open Access article distributed in accordance with the Creative Commons Attribution-NonCommercial-NoDerivs 4.0 International License (CC BY-NC-ND 4.0), which permits the noncommercial replication and distribution of the article with the strict proviso that no changes or edits are made and the original work is properly cited (including links to both the formal publication through the relevant DOI and the license). See: https://creativecommons.org/licenses/by-nc-nd/4.0/.

doi: 10.21037/jphe-2023-apru-ab023
Cite this abstract as: Joo NC, Navarro VT, González-Ledesma A. AB023. Exclusive breastfeeding: regarding a medical-legal case. J Public Health Emerg 2024;8:AB023.

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