Gender-affirming surgeries, including top and bottom surgery, are life-changing medical procedures for transgender and gender-diverse individuals. When these surgeries are performed correctly, they may improve both quality of life and mental well-being for patients. However, surgical malpractice during these sensitive gender-affirming procedures can also result in serious physical injury, emotional distress, and long-term complications.
Medical malpractice in gender affirming care can have catastrophic consequences, all of which are preventable. If you were harmed due to medical malpractice during any gender-affirming procedure, you could have grounds to file a lawsuit. You could also be entitled to receive compensation. To ensure that you have a thorough understanding of the legal options available to you and your family, contact our firm today.
Our lawyers here at the Normandie Law Firm have decades of experience handling personal injury claims, including medical malpractice claims. If you are ready to discuss your legal options with our lawyers, contact our team as soon as possible. Our team is ready to guide you every step of the way.
More About Gender-Affirming Surgeries
Gender-affirming procedures may include the following:
- Chest surgery (top surgery)
- Genital reconstruction surgery (bottom surgery)
- Facial feminization/masculinization surgery
- And other reconstructive procedures
What Constitutes Surgical Malpractice?
Medical malpractice, which is also referred to as surgical malpractice, occurs when a healthcare provider fails to meet the medical standard of care, resulting in injuries to patients during care. In the context of gender-affirming care, malpractice may include the following:
- Lack of informed consent regarding surgery risks, alternatives, or outcomes
- Surgical errors during the top/bottom procedures
- Improper techniques resulting in nerve damage, scarring, or loss of function
- Failure to manage infections, bleeding, or any complications from anesthesia
- Performing the operation without property qualifications or experience
- Inadequate pre-op and post-op care
- And more
Common Injuries and Complications Resulting from Malpractice in Gender-Affirming Care
Malpractice during these procedures could potentially include the following:
- Nerve injuries
- Chronic pain
- Loss of sensation
- Impaired urinary function
- Impaired sexual function
- Disfigurement
- Infections
- Extensive scarring
- Need for corrective surgeries
- Psychological harm, including post-traumatic stress, depression, anxiety, panic, mistrust in medical providers, etc.
Who is Liable for Malpractice in Gender-Affirming Care?
This is a very important question. Ultimately, liability may be placed on the hospital, surgical center, anesthesiologist, or other medical professionals involved in the procedures. To prove liability, the following points must be true:
- A doctor-patient relationship existed
- The medical provider breached the standard of care
- The breach of care directly caused an injury
- The injury resulted in significant damages
When it comes to proving liability in these cases, it is important to prove that the all of the points listed above are present. However, it is also important to have additional evidence, including but not limited to medical records (including surgical reports), expert testimonies, and more.
With the help of an experienced top surgery and bottom surgery medical malpractice lawyer, you will able to pursue a claim and fight for your rights.
Can I Recover Compensation?
Yes, you could be entitled to compensation for the damages resulting from surgical malpractice in gender-affirming care. Although every claim is different, you could possibly be entitled to receive compensation for medical costs, lost wages, pain and suffering, punitive damages, wrongful death benefits, and legal fees. Whether our medical malpractice lawyers have to negotiate a settlement out of court or take your claim to court to reach a fair verdict, you can be certain that our team will do everything possible to secure the maximum recovery available for your claim. To ensure that you have a thorough understanding of what you could be eligible to receive if your claim is successful, contact us today!
Contact Our Law Firm Today
If you were harmed as a result of malpractice during gender-affirming care, it is important that you understand that you could have the right to file a lawsuit and receive compensation. Here at our law firm, we are committed to providing survivors of malpractice with the guidance that they need to get justice. If you are ready to discuss your legal options with our experienced lawyers, contact us today. We offer free case reviews, which include both free consultations and free second opinions. During these free legal services, our surgical malpractice lawyers will be available to answer all your questions, address all your concerns, and provide you with absolutely all the information that you need to either start or continue your claim. To schedule a free case review, contact our team today.
Zero-Fee Guarantee: you will never have to worry about covering any upfront legal costs for any of our legal services. In addition, we work on a contingency basis, meaning that you will not be required to pay any upfront legal costs for any of our legal services. If you do not win, you will not be required to pay anything at all.
Contact the Normandie Law Firm as soon as possible to explore the options available to you.
