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Nebraska Lawsuit Highlights Concern Over Informed Consent in Gender Transition Procedures for Minors

AP Photo/Rick Bowmer

More detransitioners are striking back against medical facilities and professionals who used dubious means to convince them to undergo “gender-affirming care” as minor children. There appears to be an increasing trend of people who regret their “gender transitions” after going through them as children. Several are filing lawsuits to hold responsible those who rushed them into puberty blockers and surgical treatments without adequately informing them of the potential consequences.

In Omaha, Nebraska, a 21-year-old patient is suing the University of Nebraska Medical Center and Nebraska Medicine for transitioning her when she was 16 years old.

A lawsuit has been filed against the University of Nebraska Medical Center and Nebraska Medicine alleging negligence and lack of informed consent after a 16-year-old identifying at that time as a trans male had both breasts removed in 2018.

The lawsuit filed in Douglas County Court on Wednesday afternoon by the Center for American Liberty, Nebraska malpractice attorney Jeff Downing, and the Thomas More Society on behalf of the patient alleges medical personnel didn’t try hard enough to pursue other avenues of treatment for the teen and instead rushed them into surgery.

The document filed about nine months after the patient declared they no longer identified as a male also names three doctors, alleging the defendants:

  • Shifted from a standard medical diagnosis to a “gender-affirming care” model, following a flawed “Dutch protocol.”
  • Used misleading descriptions and false claims, violating Nebraska’s Consumer Protection Act.
  • Placed the patient in a “closed feedback loop” of treatment by an “affirming” therapist and the UNMC Gender Clinic.
  • Breached standard of care in performing surgery ahead of other treatments and failing to warn of adverse medical outcomes.
  • Failure to obtain “free and fully informed consent.”

The lawsuit, alleging the patient’s therapist and doctors were negligent, seeks “damages based on the evidence of negligence and lack of informed consent.”

One of the more alarming aspects of this case is the patient’s claim that medical personnel did not even look at other treatment options for the teenager. Instead, they are alleged to have hurriedly proceeded with an irreversible and life-changing surgery.

The lawsuit centers on the reality that the patient had been influenced by social contagion and a troubled family life. She was also struggling with various mental health issues, making her vulnerable to being persuaded that “gender-affirming care” was the correct remedy.

Her case is not unique.

There have been a myriad of high-profile lawsuits filed against medical facilities for employing the same practices. Each of these cases has a similar thread: Parents and children being rushed into life-altering treatments ostensibly to change their gender and improve their mental health. The issue is further compounded by school districts being used to encourage young children to embrace transgenderism, in many cases, without the knowledge and consent of their parents.

These lawsuits shed more light on issues related to informed consent, ethics, and the safety of those who are vulnerable. They also highlight the dangerous pitfalls of the “gender-affirming care” approach to helping kids suffering from gender dysphoria and other mental health concerns.

Adding to the problem are states like California passing legislation designed to further promote the transing of children in schools. The state recently imposed legislation that requires school districts to conceal information from parents regarding their children’s problems with their gender. Rob Bonta, the state’s attorney general, has filed a lawsuit against Chino Valley School District for implementing a policy requiring teachers to inform parents of potential issues with their kids.

As the trend of detransitioners seeking relief through the court system persists, the problem will become harder for proponents of “gender-affirming care” to ignore or obfuscate. Unfortunately, since there are more states and school districts pushing gender ideology on children, there will be even more of these individuals who are victimized by this system.

The silver lining in all of this is that when there are enough lawsuits threatening the revenue of medical facilities embracing the “gender-affirming care” model, it might prompt more organizations to pull back from this approach. The question is: How many more children have to be mutilated and abused before this happens?

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