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Feminism: Sex and gender discussions

US woman sues after 'gender affirming' double mastectomy

111 replies

ArabellaScott · 09/11/2022 11:56

'The defendants 'transgressed the bounds of socially tolerable conduct by abusing their positions of trust and authority' by recommending 'unnecessary, irreversible treatment' without weighing Kiefel's mental problems, says the complaint.

Because of the surgery, Kiefel must endure a 'lifelong inability ever to choose to breastfeed a child' and doubts she will ever find a 'life partner sexually and romantically attracted to a woman without breasts,' it adds.

Kiefel has called for a jury trial and seeks up to $850,000 in damages.'

www.dailymail.co.uk/news/article-11399015/Oregon-woman-sues-trans-care-team-abhorrent-misdiagnosis-left-MUTILATED.html

Brace yourselves. The lawsuits are starting.

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AngeloMysterioso · 09/11/2022 13:18

MichelleScarn · 09/11/2022 13:10

Was there not a case or was it disproven as not true where a Dr was told if they didn't perfom trans affirming surgery they'd be struck off?

That’s the other issue… if she’s inclined to be litigious then chances are she’d have sued them at the time if they refused.

AngeloMysterioso · 09/11/2022 13:15

She was 30 years old at the time of having the procedure and it didn’t occur to her then that having her breasts cut off meant she wouldn’t be able to breastfeed?!

MichelleScarn · 09/11/2022 13:10

Was there not a case or was it disproven as not true where a Dr was told if they didn't perfom trans affirming surgery they'd be struck off?

PicturesOfDogs · 09/11/2022 13:06

This was always going to happen, it was only a matter of time.
The lawyers have already started circling, it’ll be as common a lawsuit as PPI in a few years

RoyalCorgi · 09/11/2022 13:04

GiantKitten · 09/11/2022 12:53

She was about 30 when it was done though - not a teenager - granted it all sounds a bit rushed in the final stages, but it had been considered by her for 4 years.
Doesn't she bear a lot of the responsibility?

The question for me is: is it ever acceptable and ethical to perform a double mastectomy on a healthy woman with no sign of breast cancer or no genetic risk of breast cancer?

To put it another way, is there a case for saying that women who are genuinely trans should, with appropriate counselling and time for reflection, be able to take an informed decision that they want their breasts removed?

Or is it more the case that the desire to have one's healthy breasts removed is itself a sign of psychological disorder that needs treating, and that doctors should never agree to it?

A lot hinges on the way the courts answer that question.

NancyDrawed · 09/11/2022 13:00

But isn't this where we are headed with a potential ban on talking therapies for people who believe they have gender dysphoria?
If a specialist isn't allowed to explore WHY a patient isn't comfortable in their own skin and has to only affirm their belief, this is where we end up - with people who were never challenged on their belief and therefore truly believed that hormones/surgery would sort them out, only to find out when it's too late that they didn't.

ArabellaScott · 09/11/2022 12:59

Presumably they're seen as just 'carrying out orders'.

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LunaLights · 09/11/2022 12:59

I wonder why the doctors who performed the mastectomies are not also being sued?

ArabellaScott · 09/11/2022 12:56

Are there any other possibilities of what 'trans' might be? Possibly only the belief system which says that people can be literally 'born in the wrong body'. Which should be treated the same way as any other belief system which has no basis in science.

Yes, entirely. The third alternative that you suggest looks and operates very much like a religious belief, I'd say. Which is fine, but we should not be basing healthcare on it. And we should be very, very clear that it is one belief among many.

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MoltenLasagne · 09/11/2022 12:54

diamondsarefornextweek · 09/11/2022 12:28

This is the problem - when they're wanting to transition, it's legitimate, and no they're not mentally ill how dare you suggest such a thing.
Then, once transitioned, should they decide to detransition, suddenly it's oh yes of course it's a mental illness, and now I'm going to sue because I never ever thought I might change my mind.
Being trans is either a mental illness or it's not, you can't have it both ways.
If I got a tattoo and then changed my mind about it, how far would I get if I sued the tattoo artist for disfiguring my body ffs 🙄

People have successfully sued tattoo artists for tattooing them whilst the recipient was obviously inebriated. Something to do with questionable consent / imbalance of power which would only be strengthened for doctors.

If doctors are treating a patient with known mental health issues and trauma, there should be increased due diligence to check the suitability of the treatment. That's assuming it can ever be considered suitable to treat body dysmorphia with surgery.

GiantKitten · 09/11/2022 12:53

She was about 30 when it was done though - not a teenager - granted it all sounds a bit rushed in the final stages, but it had been considered by her for 4 years.
Doesn't she bear a lot of the responsibility?

Helleofabore · 09/11/2022 12:50

So now there is one suit in Australia, Ritchie's here in the UK and one that we know of in the USA.

I suspect that it will depend on the outcomes of these suits but I do expect there will be quite a few. And that may be one of the only ways to stop this 'affirming only' treatment plans. The fact that it has been pushed onto clinicians the way it has, will have to have significant ramifications.

As Joanne Rowling said, (which echoes what has long been said here and elsewhere), this is medical scandal and it will be used as case study material for many disciplines in the future.

OldCrone · 09/11/2022 12:45

diamondsarefornextweek · 09/11/2022 12:28

This is the problem - when they're wanting to transition, it's legitimate, and no they're not mentally ill how dare you suggest such a thing.
Then, once transitioned, should they decide to detransition, suddenly it's oh yes of course it's a mental illness, and now I'm going to sue because I never ever thought I might change my mind.
Being trans is either a mental illness or it's not, you can't have it both ways.
If I got a tattoo and then changed my mind about it, how far would I get if I sued the tattoo artist for disfiguring my body ffs 🙄

If it's a mental illness, they should be having treatment for that mental illness, not being fast-tracked to mutilating surgery or other physical treatment such as hormones or hormone blockers.

If it's not a mental illness, what sort of illness do they have which requires surgery? If their body is healthy, they don't have a physical illness, so the surgery is cosmetic surgery and should be viewed the in same way as any other cosmetic surgery.

Are there any other possibilities of what 'trans' might be? Possibly only the belief system which says that people can be literally 'born in the wrong body'. Which should be treated the same way as any other belief system which has no basis in science.

SidewaysOtter · 09/11/2022 12:43

I’ve been saying for a while that there’s going to be a flood of legal cases from people who regret what has been allowed to happen to them, particularly children/young adults who look back in horror when they grow up and ask “Why didn’t you protect me?”

I saw that headline and thought “So it begins”.

OldCrone · 09/11/2022 12:38

She thought she was trans. She was treated as though this is an actual thing.

'Trans' does seem to be something which cannot be defined. What is it? Since we are told that very young children can 'be trans', this must be something which is comprehensible even to those young children, and yet none of the advocates for trans being a real thing seem able to offer any sort of definition of what 'trans' is.

IcakethereforeIam · 09/11/2022 12:37

Tattoo artists aren't Doctors, though I wonder about the liability for more 'out there' body modifications which, I suspect, the majority won't touch.

Do they have rules about facial tattoos? Genuine question.

They aren't permitted to tattoo under 18s.

I think they can be sued if they screw up. It's being alleged these 'Doctors' screwed up. She wasn't trans, she was mentally ill. A mental health practitioner should be expected to notice that before recommending irreversible surgery.

MichelleScarn · 09/11/2022 12:36

Would Camille still sue if there was no money involved and it was just for the legal precedent?

ArabellaScott · 09/11/2022 12:34

'[Camille] deeply resents and regrets that she was misled into believing that harming her body in pursuit of a “gender identity” held the answers for her anxiety, depression, and self-doubts.

She hopes to hold mental health professionals (and the clinics who employ them) accountable for misdiagnosing her and facilitating a medical procedure that has left Camille feeling physically and emotionally mutilated.'

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ArabellaScott · 09/11/2022 12:34

'Camille is suing four defendants in her lawsuit: a licensed clinical social worker and a licensed professional counselor, each of whom claimed to “evaluate” Camille and recommended her for double mastectomy surgery to “affirm” her “non-binary identity,” and the two health care clinics that employ these mental health professionals; both clinics claim to specialize in helping the “LGBTQ” community.'

same link as above

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ArabellaScott · 09/11/2022 12:33

'Camille’s legal claims include:

  1. Professional malpractice – breach of the duty of care that mental health professionals owe to an individual client;

  2. Intentional infliction of emotional distress; and

  3. Fraud.

Camille alleges that the mental health professionals who claimed to evaluate and diagnose her ignored her history of trauma and her extensive medical and mental health issues, instead “affirming” her belief in having a “non-binary identity” and urging her to pursue “chest reconstruction” surgery as the path to self-actualization.

Camille is alleging damages, injuries, and harms in the form of emotional distress, financial losses (such as not being able to work), and physical injuries resulting from an unnecessary double mastectomy surgery performed to “affirm” the misguided belief that adopting a “non-binary” identity would resolve her medical and psychological health needs.'

womensliberationfront.org/supporting-detrans-women

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MichelleScarn · 09/11/2022 12:30

So she asked for the surgery or they unprompted told her to have it?
Also think if she hadnt been given it she would have sued, but hopefully this will deter other medical staff from agreeing to do this.

diamondsarefornextweek · 09/11/2022 12:28

This is the problem - when they're wanting to transition, it's legitimate, and no they're not mentally ill how dare you suggest such a thing.
Then, once transitioned, should they decide to detransition, suddenly it's oh yes of course it's a mental illness, and now I'm going to sue because I never ever thought I might change my mind.
Being trans is either a mental illness or it's not, you can't have it both ways.
If I got a tattoo and then changed my mind about it, how far would I get if I sued the tattoo artist for disfiguring my body ffs 🙄

ArabellaScott · 09/11/2022 12:28

Yes.

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Datun · 09/11/2022 12:25

It's the fact that it's backed up by ideology which needs the scrutiny. Plenty of people have body dysphoria, and I'm quite certain they aren't all recommended for surgery. Because it's acknowledged that it's a mental condition.

She thought she was trans. She was treated as though this is an actual thing.

The irreversible nature of the surgery is one thing, but it's the reasons why she was recommended to have it in the first place that needs looking at.

ChazsBrilliantAttitude · 09/11/2022 12:20

I suspect the lifelong inability to breastfeed shows a loss that is beyond “cosmetic” and cannot be remedied.

You could argue that the appearance related aspects can be improved with implants etc but you can’t fix the loss of function.