The practice of removing healthy body parts from young individuals under the pretext of treating gender dysphoria may soon be reevaluated, particularly in light of potential financial repercussions that doctors might face.
A significant development occurred when a jury in New York awarded $2 million to a detransitioner in a medical malpractice case, marking the first major case of its kind. This win, combined with the American Society of Plastic Surgeons (ASPS) opposing “gender reassignment” surgeries for minors, is prompting the medical community to rethink these procedures, advocates noted.
“It’s pretty straightforward: Ignoring medical evidence can put doctors at risk for future malpractice lawsuits,” said Dr. Curt Miceli, the chief medical officer at Do No Harm.
On January 30, Fox Varian, who transitioned as a minor, received this award after undergoing a double mastectomy at the age of 16. The ASPS recently suggested that gender-related surgeries should generally wait until individuals are at least 19 years old.
Miceli added that these actions might harm what he referred to as a “toxic industry,” possibly dismantling false narratives pushed by activists.
Josh Payne, co-founder of a law firm with several ongoing lawsuits against medical professionals and clinics involved in transgender surgeries, expressed hope that more organizations would adopt similar stances as the ASPS.
He pointed out that the jury’s decision sends a broader message about safeguarding vulnerable individuals of all ages dealing with mental health challenges. “They need stronger protections, not fewer,” he argued.
“Many clients we see were treated as adults, but their mental health issues were so severe that they only recognized the harm much later,” he added.
ASPS indicated that starting in 2024, it would withdraw its support for guidelines on treating children with gender dysphoria due to concerns over the quality of the evidence.
Payne mentioned that many pediatric gender clinics are closing in response to a concerning government report issued last year. The Department of Health and Human Services (HHS) found that “gender-affirming” models of care for minors lacked proper evidence and could lead to significant harm. Furthermore, a proposed rule could lead to the loss of Medicare and Medicaid funding for hospitals performing these surgeries on minors.
One institution, Mary Bridge Children’s Hospital in Washington, cited “recent federal developments” for its decision to close a gender clinic.
HHS’s General Counsel Mike Stewart commented on the trend: “Almost every day, another major hospital system is halting the irreversible practices related to gender treatment of minors.”
There are also ongoing legislative efforts and legal actions that might increase liabilities for providers. For instance, in July, the Justice Department began investigating over 20 clinics for possible “medical fraud” related to transgender procedures, although some subpoenas faced judicial challenges.
Moreover, in September, the Department of Justice put forth a proposal for new legislation allowing individuals to sue medical professionals for irreversible harm resulting from such procedures performed on minors.
Interestingly, the American Medical Association (AMA) has now echoed the ASPS’s call for a delay in surgical interventions for minors until adulthood. They recognized insufficient evidence supporting such surgeries being conducted on younger patients.
Transgender activists have frequently relied on established medical guidelines to support their perspective in legal battles against states trying to restrict these surgeries.
Organizations such as the World Professional Association for Transgender Health (WPATH) have maintained their positions. They continue to support certain standards of care for adolescents undergoing surgical treatment, emphasizing a case-by-case approach rather than blanket recommendations.
Recent court documents revealed that officials from the Biden administration had pressured WPATH to remove the minimum age guideline for surgeries to align with certain legislative objectives, further complicating the landscape.
Andrew Racine, president of the American Academy of Pediatrics, reiterated his organization’s stance that decisions about medical care for youth should rest between patients, their families, and healthcare providers, not with political entities. He clarified that their guidance does not advocate for surgeries in minors without careful consideration.
From 2016 to 2020, approximately 3,215 patients aged 12 to 18 underwent surgeries like breast or chest operations related to gender transition. Between 2019 and 2023, US hospitals billed nearly $120 million for gender reassignment procedures for minors, which included surgeries, puberty blockers, and hormone treatments.
Prisha Mosley, currently pursuing her own medical malpractice lawsuit, expressed hope that Varian’s legal success could inspire others facing harm from medical practices.
She stated that while her case is still pending, Varian’s victory brings hope to many detransitioners nationwide.
