very interesting to see how this works out.
Cole, who describes herself as a “former trans kid,” was put on puberty blockers and testosterone at age 13, had a double mastectomy at 15, and then detransitioned at 16. She is now suing those who “performed, supervised, and/or advised transgender hormone therapy and surgical intervention,” in an attempt to ensure that no other young people are harmed by doctors the way she was.
CAN a 15-year-old consent to such a thing? What about the people who encouraged her? Could a school teacher also share in the liability? Did parents give consent and therefore be involved in liability?
This was a kid! And one who now is forever damaged. So does liability attach? The ONLY defense seems to be Informed Consent. But it is not clear (at all) to me that such an approach will stave off legal liability, especially in a minor.
Plus, even if the person gains the age of majority, are they mentally unstable/ill and thus in a “vulnerable population” and the surgeon (and maybe others) knew or should have known the problem and thus violated their fiduciary duty by consenting to/performing the surgery or prescribing hormone blockers?
Like I say, this could get very interesting!
I remember about 25-30 years ago when there was the “repressed memory” fad. Total nonsense, and quite damaging. It very quickly died out when victims and their parents started suing psychotherapists.
See, in this current case such suits probably can NOT be short-circuited with an appeal to informed consent. And THIS deals with kids and/or vulnerable people! CAN these kids consent to forever body-altering drugs and surgery?
My guess? This is a recapitulation of that repressed memory sort of nonsense, on steroids…
As the famous saying goes, history doesn’t always repeat itself, but it often rhymes.