Parents Sue Doctor Over Sex Reassignment

On behalf of Peterson, Berk & Cross, S.C.

Those who live in Wisconsin and require sex assignment surgery must usually go through extensive counseling and consultation with physicians before an operation will be performed. Most doctors are cautious about performing this type of procedure. This is due to the possibility of a painful recovery, and even psychological damage if a patient has surgery for the wrong reasons. In fact, a South Carolina couple is now suing doctors and a hospital for medical malpractice in connection with the performance of a sex assignment procedure on their adopted child.

The parents adopted the child after the surgery, which was performed when the child was 16 months of age. The state of South Carolina was the official guardian for the child at the time as the biological parents were unable to care for the baby. The state agreed to the surgery that was proposed by a doctor at a South Carolina hospital. The doctor stated that it was medically necessary to decide a gender for the child, despite evidence urging delays until hermaphrodite children identify with a gender. The doctor’s opinion was confirmed by two other doctors. They felt that the child should be assigned a female gender through surgery.

However, the adoptive parents claim that the child has now identified with the male gender and has suffered pain and other problems as a result of the surgery. The parents are seeking compensation from the doctor who performed the surgery, as well as from the hospital where it was done. The parents are also suing the state Department of Social Services for their part in agreeing to the surgery in the first place.

A medical malpractice attorney may represent those who have suffered from surgical errors and other medical mistakes. A person who has been the victim of medical malpractice may be entitled to payment of medical bills, payment of sums for pain and suffering and other types of compensation.

Source: USA Today, “Hospitals, South Carolina sued over child“, Tim Smith and David Dykes, May 15, 2013