Can I Sue a Doctor for Providing "Gender-Affirming Care" Such as Sex Change Hormones, Hormone Blockers, or Surgery?
"Gender-affirming care" is a term that refers to the medical services by which doctors treat gender dysphoria with hormone blockers, hormones, or sex change operations. These "treatments" are often prescribed to children as young as 11 years old.
"Gender affirming care" has caused tremendous harm to many children, without their effective consent. Not all doctors who provide gender-affirming care are competent, ethical, or respectful of their patients’ rights. Some may commit negligence, which is a legal term that means failing to meet the standard of care that a reasonable doctor would provide in similar circumstances. Negligence can result in physical, emotional, or financial harm to the patient, such as:
Performing unnecessary or unwanted procedures without informed consent
Botching the surgery or causing complications or infections
Failing to explain the consequences of homone blockers or surgeries
Prescribing the wrong dosage or type of hormones or failing to monitor their effects
If you have suffered from any of these forms of negligence, you may have a case against your doctor. To sue a doctor for negligence in gender-affirming care, you will need to prove four elements:
Duty: You must show that the doctor had a duty to provide you with competent and appropriate care, based on your medical needs and preferences.
Breach: You must show that the doctor breached that duty by deviating from the accepted standard of care.
Causation: You must show that the doctor’s breach caused you harm, such as physical injury, mental distress, or financial loss.
Damages: You must show that you suffered damages as a result of the harm, such as medical bills, pain and suffering, or reduced quality of life.
You will also need to file your lawsuit within the statute of limitations, which is the time limit for bringing a legal claim. The statute of limitations varies by state, but for cases involving minors in Kentucky it is usually one year from the date when the victim becomes an adult.
Suing a doctor for negligence in "gender-affirming care" can be a complex and challenging process, but it can also be a way to seek justice, compensation, and accountability. If you think you have a case, Call our office anytime. A lawyer can help you evaluate your claim, gather evidence, negotiate a settlement, and represent you in court.