Medical Malpractice and Gender-Transition Surgeries on Minors
Reviewed by Mazie Slater’s experienced medical malpractice lawyer, who specializes in Gender-Transition Surgeries [Adam M. Slater – Managing Partner of Mazie Slater Katz & Freeman]
Mazie Slater Katz & Freeman is investigating potential medical malpractice claims for gender-transition surgeries performed on minors.
Gender transition surgery is a medical procedure, or procedures, with permanent, life-altering consequences. The surgeries are performed by various physician specialties including plastic surgeons, urologists, gynecologists, ENT’s, and general surgeons, often in conjunction with concurrent medical care provided by family physicians, pediatricians, endocrinologists, fertility and reproductive medicine specialists, psychologists, psychiatrists, therapists, and others.
Mazie Slater has extensive experience litigating against medical providers and large medical institutions for the failure to adhere to applicable standards of care and we have obtained some of the largest medical malpractice verdicts and settlements in New Jersey.
Standard of Care in Gender-Affirming Surgery
Every medical professional involved in the gender transition process is required to meet the standard of care within their specialty. Gender transition is no different. Failure to treat a patient in accordance with the standard of care constitutes medical malpractice. This is no different than in any other field of medicine. The question is whether the medical care was appropriate and within the standard of care.
Failure to meet the standard of care in connection with gender transition surgery can be based on numerous failures by medical professionals, for example:
- Inadequate documentation supporting transition-related recommendations
- Inadequate informed consent (especially permanence and alternatives)
- Failure to ensure appropriate pre-surgical evaluation
- Operating on patients without adequate mental-health clearance
- Surgical complications beyond accepted risk
- Poor documentation of decision-making capacity
- Failure to act in the child’s best interest
- Inadequate risk-benefit analysis
- Failure to consider desistance
- Over-reliance on parental pressure or institutional protocols
- Failure to monitor or respond to adverse lab findings
- Over-reliance on guidelines without individualized risk assessment
- Inadequate mental-health evaluation
- Failure to assess suicidality, trauma, autism spectrum disorder, or severe depression
If you believe that your treating medical providers failed to adhere to the applicable standard of care in your gender affirming treatment, contact us today for a free consultation.
Lawsuits For Gender-Transition Surgery
In a recent landmark case, a jury awarded $2 million to a 22-year-old woman, who sued New York medical professionals for providing gender transition medical care that included a double mastectomy when she was a minor. Her doctors, a psychologist and a surgeon, were found liable by the jury for medical malpractice.
After this verdict, the American Medical Association and American Society of Plastic Surgeons publicly announced that gender-transition surgeries should not be conducted on minors. If you or a loved one underwent a gender-transition surgery as a minor, you may be eligible to file a lawsuit. Contact our medical malpractice attorneys specializing in gender-related medical malpractice today for a free consultation. We can help determine if you have a viable claim.
Frequently Asked Questions about Medical Malpractice in Gender Affirming Care
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What is medical malpractice in the context of gender-transition surgery?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure causes harm to the patient. In the context of gender-transition surgery, malpractice may arise from inadequate informed consent, failure to conduct proper mental health evaluations, surgical errors, or operating on a patient who was not an appropriate candidate for the procedure.
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Can a minor sue for medical malpractice related to gender-transition surgery?
Yes. In New Jersey, the statute of limitations for medical malpractice generally begins to run when the injured party discovers or reasonably should have discovered the harm. For minors, the limitations period typically begins on their 18th birthday, which means individuals who received gender-transition surgery as minors may have until age 20 to file a claim. Because this is an evolving area of law, it is important to consult an attorney as soon as possible to understand how the statute of limitations applies to your specific situation.
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What types of harm can form the basis of a gender-transition surgery malpractice claim?
Claims may arise from a wide range of harms, including physical complications from surgery, permanent bodily changes the patient did not adequately consent to, psychological harm resulting from procedures the patient later regrets, and injuries caused by the failure to screen for conditions that would have contraindicated treatment. Each case is evaluated on its individual facts.
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Does malpractice require proving that my provider had bad intentions?
No. Medical malpractice is a form of professional negligence — not intentional wrongdoing. A provider can be liable for malpractice even if they believed they were acting in the patient’s best interest, as long as their conduct fell below the standard of care and caused harm.
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What should I do if I think I have a medical malpractice claim?
The most important step is to contact a medical malpractice attorney as soon as possible. An attorney can review your medical records, consult with expert witnesses, and assess whether the care you received deviated from accepted standards. Mazie Slater Katz & Freeman offers free, confidential consultations and handles these cases on a contingency fee basis, meaning you pay nothing unless we recover compensation on your behalf.
