Teen files lawsuit against University of Nebraska Medical Center and Nebraska Medicine over transgender surgery
OMAHA, Neb. – A lawsuit has been filed against the University of Nebraska Medical Center (UNMC) and Nebraska Medicine, accusing them of negligence and lack of informed consent in a case involving a transgender surgery performed on a 16-year-old patient in 2018.
The lawsuit, filed in Douglas County Court on Wednesday, alleges that medical personnel failed to explore alternative treatment options for the patient before rushing them into surgery. The Center for American Liberty, Nebraska malpractice attorney Jeff Downing, and the Thomas More Society are representing the patient in the lawsuit.
According to the court document, the lawsuit claims that the defendants deviated from standard medical practices by adopting a “gender-affirming care” model influenced by a flawed “Dutch protocol.” It also alleges that the medical personnel used misleading descriptions and false claims, violating Nebraska’s Consumer Protection Act. The lawsuit states that the patient was placed in a “closed feedback loop” of treatment by an “affirming” therapist and the UNMC Gender Clinic. Furthermore, it accuses the defendants of breaching the standard of care by performing surgery without exploring other treatment options and failing to warn about potential adverse medical outcomes. The lawsuit also claims that the patient did not provide “free and fully informed consent” for the surgery.
The lawsuit seeks damages based on the evidence of negligence and lack of informed consent. The court filing suggests that the patient may have been influenced by a “social contagion” and excessive exposure to social media. It also mentions that the patient had experienced psychosocial comorbidities and had gone through a difficult period after their parents’ divorce in 2015. The patient had sought therapy for depression and anxiety disorders and had been placed on medication. As their mental health continued to deteriorate, the patient was admitted to a partial care psychiatric program.
During this time, the lawsuit claims that the patient was allegedly groomed and exploited online by an older individual from another state, which further traumatized them. In February 2017, the patient was placed in an intensive partial care psychiatric program. In January 2018, at the age of 15, the patient visited the UNMC Gender Clinic and was diagnosed with “gender identity disorder,” leading to the recommendation for the breast removal surgery.
The lawsuit alleges that the doctors provided the patient’s parents with misleading information, suggesting that the patient would commit suicide if the surgery was not performed. The patient’s parents allegedly had a heated discussion with the doctors, refusing to consent to a partial hysterectomy recommended as the next step in the patient’s transition. The lawsuit claims that the surgeons did not adequately warn about potential long-term harm from testosterone treatment and states that the surgery should have been delayed until the patient had been on hormone treatments for at least one year.
The patient eventually stopped taking testosterone in late 2022 due to health complications. In January 2023, during a telehealth appointment, the patient stated that they no longer identified as male and expressed concerns about their age at the time of the surgery. The doctor recommended mental health counseling at that point.
In a statement, the patient expressed regret and criticized the medical professionals involved, stating that they were not provided with the necessary support and were not fully aware of the long-term impacts and consequences of the surgery.
The lawsuit seeks accountability and compensation for the alleged negligence and lack of informed consent on the part of the medical institutions and healthcare professionals involved. The case will now proceed through the legal system.