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Sexual re-assignment surgery at the base of negligence lawsuit

When a child is born, both the mother and the baby place their trust in health care professionals, such as doctors or nurses, who make choices regarding how to care for them. If a medical emergency arises with a newborn or mother, doctors have taken an oath that requires them to take all appropriate steps to prevent birth injuries or serious illnesses. If the doctor or other health care professionals fail to meet the requirements of this oath, they may be held responsible for the injury or illness that results from the decision.

An eight-year-old child and his adoptive parents have filed a lawsuit against doctors who performed surgery on the child when she was a newborn. Although the child identifies as a boy, doctors decided at the time of the operation to create female genitalia after the baby was born with traits from both sexes. 

At the time of the child’s birth, she was a ward of the state, and medical professionals ultimately made the decision about the operation, although the lawsuit claims both the state and the doctors should be held responsible for making the wrong choice for the life-altering operation.

Doctors are often asked to make decisions that impact the future of a patient. If the patient feels the wrong choice has been made, and the patient suffers form that choice, the patient may have grounds for a lawsuit against the doctors.  Patients may be awarded money for pain and suffering that came from the decision made by a doctor or nurse. Any person who feels they have been victim of medical professionals who made the wrong choice in treatment may benefit from consulting an attorney to discuss their options.

Source: Source: TGV News, “16 month old baby, undergoes mistaken sex assignment surgery,” Dave Volz, June 3, 2013

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