BREASTFEEDING- CASE STUDIES

The following case study is based on matters which have been received by the Anti-Discrimination Commission Queensland. It is provided as a guide to the type of outcomes which can be achieved, and kinds of issues raised.

A woman who is treated less favourably due to breast feeding in the area of goods and services

A woman alleged she was discriminated against when breast feeding while being admitted to a hospital for an operation.She stated the hospital had advised her that they would have to rearrange a whole ward and move other patients to give her a room with two beds.

She alleged a nurse advised her that she would be on antibiotics and therefore would be unable to breastfeed, and the baby would not be able to stay with her. She added that during her stay she had requested a breast pump and was told the hospital did not have a breast pump. She stated she was unable to get help from the staff when her breasts became engorged. She alleged a nurse removed her from her room because she was breastfeeding and was told it may have embarrassed others.

She added that the hospital staff failed to acknowledge on her medical chart that she was lactating and failed to transfer her to a hospital equipped to deal with a breastfeeding patient. She also alleged the hospital would not refer her to their complaints department.

She stated she was humiliated, embarrassed and traumatised by the alleged incidents.

The hospital stated that as a general hospital, it was unable to provide experienced nurses who could instruct the patient in using a breast pump. The hospital stated that there appeared to be a break down in communication between staff and the patient. The matter resolved with the hospital ensuring staff would be trained to be more sensitive to the needs of breastfeeding patients in the future. With the assistance of the Commission, productive discussions between the hospital and the patient led to a resolution of the complaint.

This information is intended as a guide only. It is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or Teletypewriter 1300 130 680 statewide.