A New York jury has awarded $2 million to a 22-year-old woman who sued two medical providers over a double mastectomy performed when she was a minor.
The verdict, delivered on January 30 in Westchester County Supreme Court, found psychologist Kenneth Einhorn and surgeon Simon Chin liable for medical malpractice related to the care provided before the surgery.
The plaintiff, Fox Varian, underwent the procedure at age 16 after identifying as male during her teenage years, according to the New York Post. The jury concluded that the defendants failed to follow appropriate standards of care and procedural safeguards before recommending and approving irreversible surgery.
Varian was awarded $1.6 million for past and future pain and suffering and $400,000 for future medical expenses.
At trial, Varian’s legal team argued that the doctors did not adequately assess whether she had other psychological conditions before recommending surgery. Varian’s mother testified that she opposed the procedure but ultimately consented out of concern for her child’s mental health.
The jury was not asked to decide the broader ethics of gender-related surgeries for minors, but whether proper medical steps were taken in this specific case.
The defendants argued that Varian identified as male, requested the surgery herself, and lived as a male for several years after the operation.
The case is reported to be the first detransitioner malpractice lawsuit in the United States to go to trial and result in a plaintiff verdict. Other detransitioner lawsuits are currently undergoing the legal process across the U.S.
What is the standard of care in medicine?
The standard of care in medicine refers to the level of care, skill, and judgment that a reasonably competent medical professional with similar training would provide under the same or similar circumstances.
It is not about achieving a perfect outcome but about whether the provider followed accepted medical practices, guidelines, and safeguards that were widely recognized within the medical community at the time treatment was provided.
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What standard of care is expected when dealing with teens or adolescents?
When treating teens or adolescents, the standard of care is higher and more cautious than for adults because minors are still developing physically, cognitively, and emotionally.
Medical providers are expected to account for a young patient’s maturity level, decision-making capacity, and vulnerability to pressure or suggestion.
This typically includes:
- Conducting thorough evaluations
- Ruling out underlying or coexisting conditions
- Using age-appropriate treatment options
- Involving parents or guardians in informed consent, and
- Favoring conservative, reversible treatments before permanent or high-risk interventions.
Providers are also expected to follow established guidelines and safeguards designed specifically to protect minors and ensure that medical decisions are made carefully and in the patient’s long-term best interests.
What are the confidentiality standards regarding adolescents in Florida?
In Florida, confidentiality standards for adolescents balance a minor’s privacy rights with a parent’s legal authority and the state’s interest in protecting a child’s health and safety.
In general, parents or legal guardians have the right to access a minor’s medical records and make healthcare decisions on the child’s behalf. However, there are important exceptions.
Currently, Florida law allows adolescents to consent to and receive confidential care for certain services without parental involvement. These typically include:
- Diagnosis and treatment for sexually transmitted infections
- Substance abuse services
- Mental health crisis care
- Pregnancy-related services
In these situations, healthcare providers are expected to maintain confidentiality unless disclosure is required by law or necessary to prevent serious harm.
Outside of these limited exceptions, providers must usually involve parents or guardians, especially when treatment is significant, ongoing, or carries long-term consequences.
Providers are also required to clearly explain the limits of confidentiality to adolescent patients, including when information may legally or ethically need to be shared with parents or authorities.
Get help from an experienced medical malpractice attorney in Florida
If you or your child was harmed because a doctor, surgeon, or other medical professional failed to follow the proper standard of care, you may have options under Florida law.
Medical malpractice cases involving surgical errors or doctor negligence are complex and highly fact-specific, especially when they involve serious injuries, long-term consequences, or failures in evaluation, consent, or follow-up care. An experienced attorney can review medical records, consult qualified experts, and determine whether accepted medical guidelines were ignored in your case.
At Palmer Lopez, our local Tampa medical malpractice attorneys have decades of experience handling complex negligence claims against healthcare providers throughout Florida.
If you have questions about whether substandard medical care caused you or a loved one harm, contact Palmer Lopez today for a free, confidential consultation and learn how we can help you protect your rights and pursue accountability.
