A Jury Found Doctors Liable in a Gender Surgery Case. Here’s What Actually Happened
This case is about medical process, not about whether gender-affirming care works. The distinction matters.
You may have seen the headlines this week. “Jury Finds Doctors Liable for Malpractice in Gender Surgery Lawsuit.”1 It sounds damning, and it’s already being used by those who want to shut down gender-affirming care altogether. So let me walk you through what we actually know.
Varian was assigned female at birth and had identified as male or non-binary. Varian was using “he/him” pronouns, had changed her name, and wore a chest binder. In 2019, Varian had top surgery. Both Varian and her mother consented to the operation.
Here is the important part. At the time of surgery, Varian was still questioning her gender identity, and the psychologist and surgeon were not aware of that. They did not know she still had doubts.
Initially, Varian was very pleased with the surgery. She described the relief of waking up and no longer feeling at odds with her body. That feeling was real and it mattered at the time. Later, Varian came to regret the surgery and filed a lawsuit in 2023.
Now, here is what the jury was actually asked to decide. They were not asked to determine whether gender-related surgical procedures are appropriate. That was not the question. The question was whether the therapist and doctor took the appropriate steps before the surgery. The jury found that they had not taken all the appropriate steps, and Varian was awarded compensation.
This is a case about medical process and thorough assessment, not about whether gender-affirming care itself is valid. Medical evidence continues to show that gender-affirming care results in favourable outcomes. The research is clear on that.2
Single cases like this are tragic, and my heart goes out to Varian. Every person who has a bad outcome in healthcare deserves acknowledgement and support. What these cases must not be used for, however, is to deny other people the medical care that they need. That would be an entirely different kind of harm.
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