Who is Liable in Detransition Cases? episode artwork

EPISODE · Feb 18, 2026 · 52 MIN

Who is Liable in Detransition Cases?

from FedSoc Forums · host The Federalist Society

In the first medical malpractice verdict of its kind, a New York jury awarded $2 million to a detransitioner who sued the clinicians responsible for performing a double mastectomy when she was 16 years old. The case marks a historic legal development and signals the emergence of a new frontier in medical malpractice litigation. At its core are difficult and consequential questions about standards of care, informed consent, particularly for minors undergoing irreversible medical interventions, and the extent to which existing malpractice frameworks are equipped to address these medical practices. This webinar will examine the legal significance of this landmark verdict and situate it within a growing group of detransitioner claims nationwide. Panelists will explore how courts may analyze allegations of inadequate screening, deficient consent processes, and departures from accepted professional standards. The discussion will also consider how these cases may shape future malpractice doctrine and affect risk exposure for physicians and healthcare systems. Beyond individual liability, the program will address the role of hospitals and medical institutions in establishing and enforcing these controversial treatments. To what extent can healthcare systems be held responsible for systemic failures in oversight, documentation, or patient evaluation? Featuring: Erin Hawley, Senior Counsel and Vice President at Alliance Defending Freedom Mark Trammell, General Counsel, Center for American Liberty (Moderator) Sarah Perry, Vice President and Legal Fellow, Defending Education (Special Introduction) Mary Margaret Olohan, Author of DeTrans: True Stories of Escaping The Gender Ideology Cult; White House Correspondent, The Daily Wire

In the first medical malpractice verdict of its kind, a New York jury awarded $2 million to a detransitioner who sued the clinicians responsible for performing a double mastectomy when she was 16 years old. The case marks a historic legal development and signals the emergence of a new frontier in medical malpractice litigation. At its core are difficult and consequential questions about standards of care, informed consent, particularly for minors undergoing irreversible medical interventions, and the extent to which existing malpractice frameworks are equipped to address these medical practices. This webinar will examine the legal significance of this landmark verdict and situate it within a growing group of detransitioner claims nationwide. Panelists will explore how courts may analyze allegations of inadequate screening, deficient consent processes, and departures from accepted professional standards. The discussion will also consider how these cases may shape future malpractice doctrine and affect risk exposure for physicians and healthcare systems. Beyond individual liability, the program will address the role of hospitals and medical institutions in establishing and enforcing these controversial treatments. To what extent can healthcare systems be held responsible for systemic failures in oversight, documentation, or patient evaluation? Featuring: Erin Hawley, Senior Counsel and Vice President at Alliance Defending Freedom Mark Trammell, General Counsel, Center for American Liberty (Moderator) Sarah Perry, Vice President and Legal Fellow, Defending Education (Special Introduction) Mary Margaret Olohan, Author of DeTrans: True Stories of Escaping The Gender Ideology Cult; White House Correspondent, The Daily Wire

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Who is Liable in Detransition Cases?

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This episode is 52 minutes long.

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This episode was published on February 18, 2026.

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In the first medical malpractice verdict of its kind, a New York jury awarded $2 million to a detransitioner who sued the clinicians responsible for performing a double mastectomy when she was 16 years old. The case marks a historic legal...

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