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re: Detransitioner Sues Medical Professionals Who Gave Her A Double Mastectomy At 16

Posted on 9/14/23 at 11:56 am to
Posted by EYE_on_LSU
San Marcos, TX
Member since Jul 2018
305 posts
Posted on 9/14/23 at 11:56 am to
Talk to me when DAMAGES are awarded

Posted by TDTOM
Member since Jan 2021
15236 posts
Posted on 9/14/23 at 12:04 pm to
Could the doctors have declined to do the surgery?
Posted by wackatimesthree
Member since Oct 2019
4447 posts
Posted on 9/14/23 at 12:15 pm to
quote:

Do we know that happened here?


We do not know—nor will we likely ever know, even if it goes to trial as what we will hear at trial is he said she said—but that is what she's alleging and everything she's alleging lines up with what whistleblowers are saying is happening out there.

I don't know for a fact that Michael Jackson diddled little kids, but what I know abut the situation makes me sure believe he did.

I have no problem approaching it as a hypothetical, though. I have already posted above that if the provider gave all the information and didn't try to unduly influence the parents by attempting to scare them then I agree with the "eff the parents, it's all their fault" narrative.

But if the doctors did do what the woman alleges, does your stance change, or was that just a bit of a red herring, like when pro-abortionists bring up rape and incest?

quote:

but I like personal responsibility


I do too, and I also like professional responsibility. The doctor in this scenario has a professional responsibility to act according to the ethical guidelines of his or her profession.

I think the patients can only effectively accept personal responsibility in this situation if the provider is also accepting his or her professional responsibility. Otherwise there's a knowledge gap that is unreasonable to expect personal responsibility to bridge...if not, what does someone need 8 years of school, a couple of years of internship, and 3 years of residency to practice medicine for?

Hell, we got the internet now. Surely there's a Youtube video out there on how to do brain surgery.

I seem to recall from another board that you are an engineer. If that's correct, how does it work in engineering?

Let's say I hire your firm to design a nuclear reactor in a plant I'm building. Let's say you know your proposed design is flawed and risky but you don't disclose that information. In fact, let's say you give a presentation specifically on how we need to go with your design or else the plant in likely to meltdown. You ask me, "Would you rather have a meltdown with that design or no meltdown with this design?" all the while knowing that the research and data indicates that there is very little risk in the design you are claiming is risky and there is a tremendous amount of risk in the one you are proposing.

When the reactor melts and people die, no lawsuits are appropriate? I should have done the calculations myself and figured out which one was the risky design? That was a failure of personal responsibility?

Is that how it works in engineering?
This post was edited on 9/14/23 at 12:18 pm
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
71753 posts
Posted on 9/14/23 at 12:23 pm to
quote:

The family didn't think ahead of what it would be like to have their daughters tits cut off??


The doctors told them they had only two choices. Dead daughter or trans son.

quote:

Her case should be thrown out, and medical facilities should think twice about doing this.


It's textbook malpractice. If she were really a boy trapped in a girl's body she would have no regrets. The only way to argue they followed best medical practices would be to show that they vet all patients fully. Which they didn't do. It was the first visit.

She also had mental issues which bolsters the case that they were taking advantage of her.
Posted by Bunk Moreland
Member since Dec 2010
54223 posts
Posted on 9/14/23 at 12:23 pm to
I think the problem with suing them is some of this is being mandated by the government as medically necessary.
Posted by wackatimesthree
Member since Oct 2019
4447 posts
Posted on 9/14/23 at 12:26 pm to
quote:

Make it illegal instead of enriching the ambulance chasers.


I have no desire to continue to hammer you over all of this, but your opinions on this are surprising me today. I regard you as being a relatively rare voice of reason here.

I think making it illegal is the abdication of personal responsibility. I honestly have no problem with these procedures existing, being legal, or people choosing them. My problem is that the available evidence strongly suggests that patients are not generally afforded accurate and complete informed consent with regard to these procedures.

If there's a clear warning label that something's dangerous and people buy it anyway, I agree a million percent. That's on them. That's a failure of personal responsibility.

If something's known to be dangerous by the vendor and it is NOT disclosed, however, that's a failure by the vendor.

I don't want to make cigarettes illegal. I think that's a lot worse for society and freedom than suing for failure to provide enough relevant information. But I do think personal responsibility cannot kick in unless full disclosure about the risks of smoking them exists.

Posted by wackatimesthree
Member since Oct 2019
4447 posts
Posted on 9/14/23 at 12:26 pm to
quote:

It's textbook malpractice.


Assuming her claims are accurate, yes, it is.
Posted by Flats
Member since Jul 2019
22098 posts
Posted on 9/14/23 at 12:30 pm to
quote:

But if the doctors did do what the woman alleges,


If it’s what’s in the excerpt it wouldn’t change my mind a bit.
quote:

Doctors failed to discuss risks, including the regret she may experience when she is older, or inform her that most gender-questioning youth become more comfortable with their bodies after they are teenagers, according to the complaint.


This wasn’t some super-technical detail that only a doctor can grasp. Can you sue a tattoo artist because they didn’t tell you that you may regret your tattoo of Bart Simpson one day? Or is that some common sense shite that you should think about before you get it?

I think the industry is disgusting, but again, laws are how we change that, not lawsuits. It doesn’t take any sort of stretch at all to apply these arguments to the firearm industry.
Posted by wackatimesthree
Member since Oct 2019
4447 posts
Posted on 9/14/23 at 12:31 pm to
quote:

I think the problem with suing them is some of this is being mandated by the government as medically necessary.


What do you mean when you say it is being mandated by the government?

Do you mean that the government is requiring insurance companies to pay for it as a medically necessary service?

If so, the government declaring the procedure generally medically necessary doesn't mean that it qualifies as such in each individual case. That has to be supported on a case by case basis.

The woman says she had zero medical/mental health history of suicidal ideations, so if the whole question of medical necessity comes up, guess what? The doctors lose.

Posted by wackatimesthree
Member since Oct 2019
4447 posts
Posted on 9/14/23 at 12:33 pm to
quote:

Can you sue a tattoo artist because they didn’t tell you that you may regret your tattoo of Bart Simpson one day?


No, but that's not the only issue. The bigger issue is that they didn't tell her what the negative health effects of the hormone therapy would be on her heart, etc.

You can sue a tattoo artist who uses an ink that is well known in the industry to cause leukemia but doesn't disclose it.

EDIT: Another aspect of this is that patient's mental wellbeing—although still not the main issue here IMO—becomes relevant when you remember that the fear tactic used by the doctors in the first place is directly related to mental health and life satisfaction.

As they say on Law and Order, "Your client opened that door, counsellor."

This is how the doctors are scaring the parents into this and this is how they are establishing medical necessity. If it's your whole rationale for doing the procedure and that rationale is a medical one (the Bart Simpson tattoo is an aesthetic one), then you have to be able to defend it when it blows up in your face.
This post was edited on 9/14/23 at 12:39 pm
Posted by tiger789
on the bayou
Member since Dec 2008
791 posts
Posted on 9/14/23 at 12:33 pm to
Posted by tiger789
on the bayou
Member since Dec 2008
791 posts
Posted on 9/14/23 at 12:35 pm to
Posted by wackatimesthree
Member since Oct 2019
4447 posts
Posted on 9/14/23 at 12:52 pm to
quote:

I think the industry is disgusting, but again, laws are how we change that, not lawsuits. It doesn’t take any sort of stretch at all to apply these arguments to the firearm industry.


Putting those two sentences together, it would seem that you favor making firearms illegal, since laws banning things from existing are the way to solve problems instead of holding people legally accountable for mishandling legal situations.

I know that to not be the case, but it sounds like that's what you're arguing for.

And as much as you are implying to the contrary, the aspects of this question that are dangerous to someone's health are a whole lot more complicated than understanding that if you point a gun at someone and pull the trigger and the gun is loaded, massive harm will occur.

Do you know what the effects of putting testosterone in a female body are? How much testosterone would you think you'd put in in a person who wished to transition? How much more is that than females normally have? What does too much testosterone do to a female body? What health risks are associated with it, and can any of them be fatal? How great are those risks (exactly what are the percentages)? If I change my mind, how reversible are the effects of all this testosterone? Will it make me sterile? Permanently or is that reversible? How will we monitor to know if I am in danger of some of the catastrophic consequences of all of this testosterone? Are there any long term health consequences to having a double mastectomy at my age (there are...do you know what they are)?

Etc., Etc.

This isn't just about aesthetics. There are serious health consequences of these protocols and I believe that people are not being told about them.

This is not just about regretting cutting your dong off later in life.
Posted by BigTigerJoe
Member since Aug 2022
5987 posts
Posted on 9/14/23 at 1:07 pm to
quote:

I think lawyers are going to do more to rid us of this practice than anyone else.

Posted by Flats
Member since Jul 2019
22098 posts
Posted on 9/14/23 at 1:09 pm to
quote:

Putting those two sentences together, it would seem that you favor making firearms illegal, since laws banning things from existing are the way to solve problems


Be serious. I’m saying I don’t like using the tort system to accomplish what we can’t accomplish at the ballot box. I would hope all conservatives agree with that.


As for the rest, note the “if” part of my response. I’m not opposed to remedies if medical knowledge was withheld. From the quote shared it sounds more like they have regrets and want a payday.
Posted by LakeCharles
USA
Member since Oct 2016
5069 posts
Posted on 9/14/23 at 1:20 pm to
quote:

bullshite. Her case should be thrown out, and medical facilities should think twice about doing this.

The only way to make medical facilities think twice about it is for cases like this to go to court, for plaintiffs to win and be awarded damages. the surgeries and other treatments are profit centers. Profit needs to go negative.


Posted by Vacherie Saint
Member since Aug 2015
39683 posts
Posted on 9/14/23 at 1:22 pm to
Posted by BugAC
St. George
Member since Oct 2007
53036 posts
Posted on 9/14/23 at 1:27 pm to
quote:

Detransitioner Sues Medical Professionals Who Gave Her A Double Mastectomy At 16


This is the only way this stops.
Posted by LakeCharles
USA
Member since Oct 2016
5069 posts
Posted on 9/14/23 at 1:46 pm to
quote:

Edit:

Any downvote just tells me you side with the family in this court case that decided to cut their daughters breasts off. Why? Why would you side with them? It was their decision. They caused this. Period.

It is not so cut and dry. There were most likely teachers and school psychologists pushing this on the family, talking about possible suicide of the child to move things along. Yes, they were stupid. Yes, they were sheep. But the system is set up to roll these people and the system needs to be broken.


Posted by wackatimesthree
Member since Oct 2019
4447 posts
Posted on 9/14/23 at 3:01 pm to
quote:

I’m not opposed to remedies if medical knowledge was withheld


Then we ultimately agree.

quote:

Be serious. I’m saying I don’t like using the tort system to accomplish what we can’t accomplish at the ballot box.


I am serious. What I'M saying is that if the priority is freedom and the cost of that is personal responsibility, I don't see how it makes sense to make the things we're discussing illegal as the remedy for irresponsible application rather than just providing tort remedy for irresponsible or reckless application of an otherwise legal enterprise.

If the thing being discussed isn't deemed a sufficient threat to public safety that it's considered a menace even with informed consent, it shouldn't be illegal. That shouldn't be the remedy.

quote:

From the quote shared it sounds more like they have regrets and want a payday.


Here's the reason I disagree: “By not providing Luka and her parents with full information on the consequences of breast removal, the dangers of long-term testosterone therapy, rates of desistance, and the poor mental health outcomes related to transition surgeries, Defendants failed to obtain a truly informed consent from Luka and her parents before recommending and/or performing irreversible transgender interventions,” the lawsuit alleges."

The testosterone therapy puts this person at significantly elevated risk for heart attacks, strokes, pulmonary blood clots, and other fatal and/or debilitating events/conditions. They specifically mention this in the lawsuit.

The trend as almost universally reported by the various whistleblowers on this topic also makes the claim very credible that they told her she would be at risk for suicide if she didn't do this but conveniently omitted the information that if there was suicidal ideation it wouldn't change significantly after the transition.

That's also malpractice. That's like saying, "If we don't put these leeches on, you're going to be very sick," while neglecting to tell the patient that whether they put the leeches on or not, they'll still be very sick.
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