Showing posts with label Canada. Show all posts
Showing posts with label Canada. Show all posts

Breast-feeding Gets Cold Shoulder in B.C. Hospitals

By Alex Roslin
July 3, 2008
The Georgia Straight
[original story]

Breast is best; it’s widely known. But just 29 percent of B.C. moms breast-feed their babies exclusively for the first six months of their lives as recommended by Health Canada and the World Health Organization.
Why so few? One key reason, say breast-feeding advocates, is the solid grip that infant-formula makers have on doctors and nurses. Case in point: the controversy over Nestlé that erupted last month in the maternity ward at Burnaby Hospital.
When Nestlé Nutrition, a leading formula company, invited health professionals in Burnaby for cocktails and dinner at the city’s Hilton Vancouver Metrotown hotel in June—oh, yes, and a little talk on infant nutrition and formula titled “The Infant Feeding Maze”—a staff member at Burnaby Hospital e-mailed the invitation to employees via an internal mail list.
When word got out to breast-feeding advocates, they mobilized and bombarded Nestlé and health authorities with angry e-mails. They said the event violated the World Health Organization’s 1981 International Code of Marketing of Breastmilk Substitutes. The code, which Canada and the B.C. Health Ministry have signed, says formula makers shouldn’t offer “financial or material inducements” to health-care providers to promote their products.
Even B.C. Health Minister George Abbott waded in with a letter in which an official writing on his behalf said “it is clear that Nestlé is violating the [WHO] code.”
Nestlé bowed to the pressure and cancelled the event after getting “over 100” protest e-mails, said Catherine O’Brien, a spokeswoman at the company’s office in Toronto. Yet she rejected Abbott’s letter (“He had no knowledge at all of what the event was all about”) and insisted the meeting wouldn’t have violated the WHO code because “refreshments” and a meal are not a “material inducement”.
In fact, the event was the second in B.C. that Nestlé has had to cancel. Last September, staff at Burnaby Hospital invited the company to put on a similar information session, which was to have been held in the hospital itself, O’Brien said. That event was also cancelled after community protests. (The WHO code prohibits any promotion of formula products within hospitals.)
Michael Bernard, a spokesman for the Fraser Health Authority, which oversees Burnaby Hospital, said he would call back with a comment, but he had not done so by press time.
Although breast-feeding advocates were rejoicing at the latest cancellation, the dispute left maternity-care professionals at the hospital divided and prompted the resignations of lactation consultants Linda Good and Renee Hefti-Graham. “Women in Canada are paying the price for these free meals,” Good said in reference to Nestlé’s wine-and-dine. Hefti-Graham said many of their coworkers at the hospital were ambivalent about supporting breast-feeding, while one manager dismissed WHO literature on the subject—as well as documented international information on Nestlé WHO code violations—as “propaganda”.
The conflict sheds light on the persistent obstacles to breast-feeding in B.C. and Canada nearly three decades after the adoption of the WHO code. Despite Abbott’s support in the Burnaby dispute, many experts fault his government and the broader medical community for not doing enough to promote breast-feeding or reduce the sway that formula companies have over infant feeding.
The stakes in the battle over the bottle are huge. Research shows that breast-fed babies have fewer ear and respiratory infections, fewer allergies, less diarrhea, a stronger immune system, higher IQ, less risk of diabetes later in life, better oral development, and more bonding with Mom. Mothers also benefit by losing weight quicker, experiencing a faster contraction of the uterus, and having a lower risk of osteoporosis and ovarian and breast cancers.
In fact, research shows breast-feeding is literally a life-and-death issue in some cases. A May 2004 U.S. study of 9,000 infants published in the journal Pediatrics found a 27-percent higher chance of death among kids who had never been breast-fed compared to those who had, including a 19-percent greater risk of sudden infant death syndrome and 69 percent more chance of death by injury.
“Breast-feeding is associated with a reduction in risk for post-neonatal death,” the study said. “Promoting breast-feeding has the potential to save or delay approximately 720 post-neonatal deaths in the United States each year.”
In B.C., officials like to tout the fact that 95 percent of women breast-feed at birth, the highest rate in the country. “We play that up and pat ourselves on the back,” said Karyn-grace Clark, a lactation consultant in Nanaimo. “Though we get them breast-feeding, we can’t keep them breast-feeding.”
Less known is the fact that hospital staff give many of those women infant formula even when their babies are healthy and breast-feeding. The practice is a violation of guidelines established by the WHO and UNICEF in 1991 as part of a program called the Baby Friendly Initiative. The initiative, which the B.C. Health Ministry and Health Canada have endorsed, is intended to reform hospital practices worldwide in order to promote breast-feeding and reduce reliance on formula.
The Baby Friendly guidelines say there are only a few exceptional situations in which formula truly is a medical necessity for newborns, such as when they or their mothers are severely ill.
Yet as many as 60 percent of healthy, breast-feeding newborns are being given supplementary formula in B.C. hospitals, estimated Sandra Yates, a doyenne of the province’s lactation consultants who teaches courses on breast-feeding to health-care providers at Douglas College.
“Nurses are overworked; formula is used as a quick-fix solution,” Yates said. “Often the problems are shovelled off to the next level because there isn’t time to do it. It takes time to sit with a mom through an entire feed.”
Sharon Prindle-Collins, chair of the Fraser Health Authority’s Breast-feeding Practice Council, estimated that about 40 percent of healthy babies get formula in the eight maternity hospitals in her region. She agreed that many of the cases aren’t motivated by any medical necessity.
“There is a bed crunch,” she explained; in order to make way for new arrivals, formula is sometimes given in order to promote a baby’s weight gain so she can be discharged. “If weight [of the baby] is not up by the time they go home, sometimes the health-care provider would recommend formula to get the weight up,” she said. The recommendation typically happens in the event of weight loss of 10 percent or more, she said.
There’s just one problem: it’s normal for breast-fed newborns to lose up to 10 percent of their birth weight due to fluid loss, according to the WHO/UNICEF guidelines. Weight gain usually doesn’t start until day four or five after birth—after the baby goes home. (The usual postnatal hospital stay is one to three days.) In other words, a lack of weight gain in hospital is pretty much the norm.
In fact, the Baby Friendly Initiative says the only weight-related situations in which formula is a medical necessity are when a baby has “very low” birth weight—less than 1.5 kilograms—or hasn’t regained his birth weight after two to three weeks. “For babies who are well enough to be with their mothers on the maternity ward, there are very few indications for supplements,” the guidelines state.
Aren’t some women just unable to breast-feed? Linda Good, one of the lactation consultants who resigned from Burnaby Hospital, said just three percent of moms can’t produce enough milk to breast-feed their babies exclusively, usually due to damage to breast ducts or nerves from cancer, burns, or surgery. But even these women can still usually breast-feed to some extent. Fewer than one percent of women can’t breast-feed at all; even women who adopt can produce breast milk, Good said.
Yet formula use in B.C. hospitals actually appears to be on the rise. Between 2005 and 2007, the percentage of all breast-feeding new moms (including those with pre-term babies and cesareans) who got some formula while in hospital went up from 24.2 to 25.3 percent, according to the B.C. Health Ministry’s Perinatal Health Program. The rate rose in four of the province’s six health authorities. (Barbara Selwood, a perinatal nurse consultant with the program, speculated that the higher numbers may just be due to more accurate data collection.)
As well, none of the province’s six health authorities managed to hit the WHO/UNICEF standard of 80 percent of all babies getting nothing but breast milk while in hospital (including those born by cesarean section). Overall, 69.2 percent of B.C. moms exclusively breast-fed their babies while in hospital last year, down from 69.5 percent in 2005.
It’s really no big surprise that health care in B.C. falls short of the WHO/UNICEF standards. Just one hospital in the province has thus far been certified as a Baby Friendly facility—Quesnel’s G. R. Baker Memorial Hospital, which got the designation last January.
To be sure, the situation isn’t much better elsewhere in Canada. Seventeen years after Health Canada endorsed the Baby Friendly Initiative, only 18 of Canada’s some 500 hospitals and health facilities offering maternity care have gotten the certification. (Thirteen are in Quebec, the only province to mandate all its maternity facilities to achieve the designation.) About 20,000 hospitals have been certified worldwide, but only 500 are in industrial countries.
In B.C., authorities have talked a good talk about Baby Friendly. Back in 2003, the province’s deputy health minister, Dr. Penny Ballem, wrote a letter to the CEOs of the six regional health authorities urging them to get certified. But no funds were attached to the recommendation, and it remains up to each authority to decide whether or not to go for it.
The B.C. Women’s Hospital and Health Centre has been working toward accreditation since 2004 and hopes to get it this month. That process, which typically takes five to 10 years, is just beginning for the Vancouver Coastal Health Authority, whose senior executive team will decide whether or not to pursue the designation in coming weeks, according to spokesperson Viviana Zanocco.
Baby Friendly would usher in a sea change in hospital routines in B.C. Getting certified means changing practices like taking babies from mothers right after birth in order to do a physical exam, administer a shot and eye ointment, and swaddle them. That process, which can last five minutes, has been shown to interfere with the establishment of breast-feeding, Yates said. Instead, Baby Friendly rules say newborns should be immediately placed on Mom’s chest so they can start trying to suckle; nurses can examine the baby there.
The WHO/UNICEF guidelines would also mean education for all maternity-care providers and moms on breast-feeding techniques. It used to be that a new mother’s aunts or mother would show her what to do, but after doctors and nurses started touting infant formula as being as good as breast milk in the 1950s—a belief that numerous studies have since discredited—several generations of women lost that knowledge.
Today, the 40 percent of mothers who encounter problems with breast-feeding—like sore nipples, infections, failure of the baby to latch, or poor milk supply—usually turn for help to public-health nurses and family doctors, but few of those professionals have undergone the breast-feeding training that the WHO/UNICEF guidelines recommend.
In early 2007, the B.C. Health Ministry brought 90 nurses from across the province to Vancouver to take a 20-hour course on breast-feeding, with the idea that they’d return to their facilities and teach the course to their coworkers. That second phase has stalled, however, amid squabbling between the ministry and health authorities over who will pay for staff to take time off work for the training.
Lactation consultants say change is also needed at the federal level and in the broader culture. Ottawa has yet to adopt the 1981 WHO code on formula marketing as law, which means formula companies are free to flout the code’s admonishments against formula ads in the media and giveaways of product samples to parents at Vancouver’s frequent baby fairs.
“Formula is so ubiquitous and integrated into our thinking that when we think of a baby, we think bottle. When there are breast-feeding challenges, the first thing women try is the bottle,” Yates said.
Good, who worked as a midwife in South Africa before she emigrated here 25 years ago, agreed. “I was shocked when I came to Canada. It felt like it was almost a different species. Mothers [here] live in a culture where we never see a baby on a breast. The whole society doesn’t know what breast-feeding should look like.”
On the other hand, many breast-feeding experts are heartened to see new generations of women challenge the medical community and formula companies like Nestlé. “As a culture, women have to take their power in breast-feeding,” Yates said. “They should do the research beforehand and know the potential problems [with breast-feeding], much as they plan out the birth. Then women won’t be as easily misled by health professionals.”
For more on this subject, check out Pieta Woolley's blog post on the trials and tribulations of being a breast-feeding mother in Vancouver.

Defects in Dark Corners

Hidden problems with how homes have been built or renovated account for growing number of court cases

ALEX ROSLIN
SPECIAL TO THE GAZETTE
Saturday, December 29, 2007
The Montreal Gazette

When Frederic Hore bought himself a small bungalow in Dorval, he knew there were a few things to fix up. But Hore didn’t mind. He had previously built his own house and was savvy enough with his hands to be hired in the CBC’s engineering department to supervise the tradespeople.
He inspected the house himself before he bought it in 1994 and thought he knew what to look for. In fact, even a trained house inspector wouldn’t have caught most of the problems that arose over the next years, he said.
That’s because they were what is known as hidden or latent defects—problems hidden behind walls or under floors that are difficult or impossible for an inspector to see.
“The problems only started after I moved in and the snow melted,” said Hore, 55.
One of the first things he noticed was the sagging floor in the bathroom.
“I thought, ‘This was strange,’” he said.
The reason for the sagging, he discovered, was someone had cut away two-thirds of the supporting joists that held up the floor from underneath.
Hore said he also found six layers of shingles on the roof—well over the limit allowed in the building code. The excess layers were too heavy for the roof to bear and had caused the shingles to curl, Hore said.
Other repairs included overloaded electrical circuits, a lack of insulation and rotting drywall. He estimated the total bill at $13,000—a sum Hore said would have been far higher if he hadn’t done most of the work himself.
Just as bad, he said, is it’s taken him 13 years to make all the fixes.
Hore is one of a growing number of homeowners finding themselves with hidden defects often costing tens of thousands of dollars. It’s the dark side of the real-estate boom.
“There are more and more cases,” said Michel Rocheleau, a Montreal real-estate lawyer for whom hidden defects make up 75 per cent of his practice.
“It’s without end. I start a new case practically every week.”
Jean-Pierre Deguire, a lawyer at the Boucherville firm Lecompte Deguire who acts as a court-appointed mediator in the small-claims division at the Quebec Court, is also seeing more cases. The reasons: a booming number of real-estate transactions and the fact that, in 2003, Quebec raised the maximum limit for small-claims cases to $7,000 from $3,000.
This caused many hidden-defects claimants to turn to small-claims court with their cases because, there, clients don’t need lawyers.
Deguire said hidden-defects cases today make up 60 percent of the small-claims cases he receives for mediation.
Another reason for more cases, according to Rocheleau: more shoddily built houses. Urban sprawl has pushed real-estate development onto land less suited for housing, he said, while corner-cutting developers have left some homeowners to deal with defects that become apparent only 10 or 15 years later.
The cases can involve massive sums. The biggest sources of defects are foundations (responsible for 75 per cent of Rocheleau’s cases) and roofs (making up another 15 per cent), with the average bill ranging from $30,000 to $60,000.
And that’s not including the cost of presenting the claim itself, which, Rocheleau said, averages $5,000 to $10,000 for legal bills and another $5,000 to $7,000 for hiring experts, like engineers and contractors, to testify.
The astronomical costs are a big reason Rocheleau advises clients to try to settle out of court if possible. He said half his cases are resolved that way.
Many claimants also voluntarily reduce the amount they seek in order to qualify for small-claims court so as to avoid the cost of hiring a lawyer.
Even then, however, expert witnesses can still cost hundreds of dollars. There might also still be some legal costs to bear. Rocheleau advises claimants and defendants alike to meet a lawyer for an hour or two before the case in order to prepare and make sure they understand the rules of evidence.
The reason: many home buyers and sellers are unaware of their rights and responsibilities when it comes to hidden defects, Rocheleau and Deguire both said.
The biggest mistake sellers make, Deguire said, is thinking that because they didn’t know about a hidden defect, they aren’t responsible for it.
Rocheleau said he sees this mistaken reasoning all the time.
“People often take it as a criminal allegation or a sign of dishonesty, but the defect can often be unapparent for years,” he said.
On the other hand, if a vendor did know about the problem and didn’t tell the buyer, the buyer can sue not only for the cost of repairs but also damages under the Quebec Civil Code.
For home buyers, the biggest mistake is not having an inspector or other qualified expert check out the house before signing a deal, Rocheleau said.
“Many people are imprudent,” he said. “They often buy because they fell in love (with the house), and there’s not much that can stop them.”
Quebec has no legal requirement that buyers must use a home inspector, but Rocheleau said it’s wise to do so to avoid problems later. Also, in court, the testimony of an inspector may be essential to showing a defect was really hidden.
Buyers who believe they’ve discovered a hidden defect must be able to show the problem couldn’t have been reasonably found during a pre-purchase visit to the house.
For example, if a potential problem area is obscured by material like boxes, the buyer or their inspector is obliged to move the items or ask the buyer to do so, Rocheleau said.
That’s what one house buyer wishes her inspector had done when she bought a three-bedroom house in Châteauguay in 1999.
Boxes in the basement had concealed a poorly installed electrical box with exposed wires. The buyer only discovered the dangerous wires when she called in an electrician to figure out why her circuits kept blowing.
He found not only the exposed wires but also a highly overloaded fuse box.
“You should have seen the look on the electrician’s face. It was total shock,” said the homeowner, a nurse and writer who didn’t want her name used because she wants to put the problems in the past.
The previous owner had done the electrical wiring himself. The entire house had to be rewired at a cost of $4,000, she said.
The new owner said she didn’t try to pursue the previous owner because he had left the country and it didn’t seem worth the trouble to her family.
As for Hore, he didn’t go after the vendors of his house either; they had also left the country.
“It’s almost like that movie The Money Pit with Tom Hanks and Shelley Long,” Hore said, “only I have not fallen through the stairs—yet!”


Hidden defects: What to do

Say you just bought a home and discovered a leaky foundation or shoddy roof. What do you do?
Legal experts say buyers must follow some specific steps in order to recover the cost of repairs from the previous owner: 
First, inform the seller of the defect as soon as possible after discovering it. This can be done verbally.
If you’re not satisfied with the seller’s response, you must send a registered letter outlining the claim, including an estimate of the repair cost. The seller should be given 10 to 60 days to respond, depending on the urgency and gravity of the case. Sellers have the right to get their own estimate and have the defect repaired at their own cost by their own contractor.
If there’s still no amicable settlement, you can do the repairs yourself and file a court claim to recover the costs—as well as for damages if you think you can prove the seller knew about the defect. Cases of $7,000 or less are filed with the small-claims division of the Quebec Court, from $7,001 to $70,000 with the Quebec Court’s civil division and above $70,000 with Superior Court.
In a bona fide case, the judge usually awards nearly the entire cost of repairs to the buyer, albeit depreciated in accordance with the age of the house. The seller is also usually ordered to pay the buyer’s court costs, but the amounts were set back in 1971 and often account for only 10 to 15 percent of actual legal costs.