Protecting Minors From Medical Malpractice

Jun 25, 2022

The Republican Study Committee has introduced the Protecting Minors from Medical Malpractice Act in Congress. This bill would provide relief to minors who cannot legally consent to medical treatment. The bill has seven co-sponsors, including Rep. Jim Banks of Indiana and Rep. Doug LaMalfa of California. The U.S. Senate is expected to take up the bill, which was introduced by Sen. Tom Cotton.

The bill, introduced by Senator Tom Cotton (R-AR) and Rep. Jim Banks (R-IN), includes a thirty-year statute of limitations, which means that adults who undergo gender-transition procedures as minors may sue their doctors for 30 years after they turn 18. If they do, they can seek declaratory relief, compensatory damages, punitive damages, and attorneys' fees. However, the bill does not apply to surgeries performed on individuals with disorders of sexual development.

The Protecting Minors from Medical Malpractice Act would prohibit states from forcing doctors to perform gender-affirming medical procedures on unemancipated minors. It would also outlaw federal health funding for states that force physicians to perform transition procedures on minors. The bill uses the fact sheet from the Department of Health and Human Services to define the procedures that fall within its definition. These procedures include social affirmation at any age, puberty blockers during puberty, and irreversible surgery.

The bill's sponsors want to protect minors from unsafe gender-transition procedures, such as hormone therapy. The radical left's agenda is causing permanent trauma to hundreds of thousands of Americans before they reach adulthood. Democrats should support legal recourse for minors who have become gender confused.

Representative Banks and Rep. Doug LaMalfa have introduced legislation aimed at addressing transgender care. The Empower Parents to Protect Our Kids Act of 2022 will require parents to approve gender-affirming care before transgender youth undergo medical treatment. This legislation follows similar measures proposed by Senator Tom Cotton last October. There is no consensus as to whether gender-affirming care should be allowed for minors.