Litigation in gender affirming surgery: Reviewing five decades of the medical malpractice landscape

Martina Brozynski; Olachi Oleru; Nargiz Seyidova; Curtis Rew; Sarah Nathaniel; Peter J Taub

doi:10.1016/j.bjps.2024.04.036

Litigation in gender affirming surgery: Reviewing five decades of the medical malpractice landscape

J Plast Reconstr Aesthet Surg. 2024 Apr 16:93:190-192. doi: 10.1016/j.bjps.2024.04.036. Online ahead of print.

Authors

Martina Brozynski¹, Olachi Oleru², Nargiz Seyidova¹, Curtis Rew³, Sarah Nathaniel¹, Peter J Taub¹

Affiliations

¹ Division of Plastic and Reconstructive Surgery, Icahn School of Medicine at Mount Sinai, New York, NY, USA.
² Division of Plastic and Reconstructive Surgery, Icahn School of Medicine at Mount Sinai, New York, NY, USA. Electronic address: Olachi.Oleru@mountsinai.org.
³ University of Connecticut School of Law, Hartford, CT, USA.

PMID: 38703709
DOI: 10.1016/j.bjps.2024.04.036

Abstract

The present study sought to analyze malpractice cases related to gender affirming surgery to provide information to physicians as it may serve to minimize the risk of malpractice suits. The Westlaw and Lexis Nexis databases were queried for jury verdicts and settlements related to gender affirming surgery malpractice lawsuits. A total of 26 cases were identified between 1970 and 2020, five of which were determined relevant on further review. Motives included adverse surgical and medical outcomes, and failure to treat. All cases were decided in favor of the defendant and resulted in $0 compensatory damages.

Keywords: Gender affirming care; Gender affirming surgery; Litigation in gender affirming surgery; Malpractice in plastic surgery.