This comment advocates that the statute of limitations be extended to permit adult transgender plaintiffs to bring civil claims against medical care providers in response to being denied gender-affirming care when they were children. The justifications surrounding the passage of the Child Victims Act of 2019 serve as a parallel to this issue. Like adult victims of child sex abuse, potential plaintiffs in this class are often emotionally unready to bring timely claims due to the traumas of being closeted and of being forced to endure an undesired puberty. The tort of negligent malpractice is a potential cause of action that this class might pursue.
The author gives thanks to Sophia Chung, Phuong Quach, Lien Quach, Brier Eckersley, Chloe Rogers, and Cogs Stansfield for their constant love, moral support, and inspiration. The author expresses appreciation for Professor Ruthann Robson for her guidance and encouragement in developing this paper out of the Sexuality & Law course of Spring 2020.
Eliza Chung, Trans Adults Deserve a Right to Sue for Gender-Affirming Care Denied at Youth, 24 CUNY L. Rev. 145 (2021).