Silhouette
Gold Member
- Jul 15, 2013
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I wonder if it's legal for doctors to have patients sign disclaimers saying "the surgery I'm about to perform will not make you female (or male)"; and then proceed anyway knowing their patient believes it will? That's the reason these surgeries go forward, because the patient still believes such surgery will make them the opposite gender. Can doctors be thrown in jail for this?
Here's a sample of a rubber-stamped doctor-referral disclaimer. It says "even though my patient is delusional and believes his penis and testicles don't belong attached to his body, I feel this patient is fully capable of an informed decision about this type of surgery: Surgery Sample Letter
*********
[on letterhead]
[date]
Re: [patient name on insurance card], [patient's chosen name], [patient DOB]
Dear Doctor,
[Patient name] is a patient in my care at [your practice name]. They have been a patient here since [date]. They identify as [gender identity] and go by [pronouns]. (1) They note that they first knew their gender identity differed from their assigned sex since [age]. They have been living full time in the appropriate gender role and have successfully and consistently lived full time in this role since [date]. While hormone therapy has (sic)significantly helped treat their gender dysphoria,(2) they are still symptomatic. Despite hormone therapy, they continue to experience symptoms of gender dysphoria. They report anxiety and depression due to their experience of dysphoria. They have expressed a persistent desire for [surgery]. (3) Their goals of surgery are [goals]. Surgery will address their gender dysphoria in these ways: [explain].
[Patient name] is physically healthy enough to undergo this surgery. [list any medical issues that may be relevant to having surgery]. Their current medications include [medications]. Their surgical history includes [surgical history]. They are stably housed and have prepared for their post-op recovery [if this is true].(4) They have no issues with illicit drug use or abuse [if this is true]. [if not true, explain plan of care for stabilization].
[Patient name] has more than met the WPATH criteria for [surgery].(5) I have explained the risks, benefits, and alternatives of this surgery and believe they have an excellent understanding of them. They are more than capable of making an informed decision about undertaking surgery. I believe that the next appropriate step for them is to undergo [surgery], and (6) I believe this will help them make significant progress in further treating their gender (sic)dysphoria. Therefore I recommend and refer [patient name] to have this surgery.
If you have any questions or concerns please do not hesitate to contact myself or my office.
Sincerely,
[your name], MD
[your license number]
*********
It is a "run 'em through" form letter where each individual should at least get a personalized and detailed referral based on a doctor's thorough knowledge of their case. I believe it's an attempt to squeeze down the screening process and eliminate "those pesky details like profuse mental illness being present". I like how even if someone is addicted to drugs while being referred, they've provided a mitigation clause to describe how the abuse has been stablized. ie: It's OK if they're out of their minds, just patch them up and shove them over here to the operating table.
I've bolded areas of legal concerns and will address them here:
1. A self-diagnosis from a patient obviously in the throes of mental instability does not suffice as a diagnosis.
2. Again, a "symptomatic" patient experiencing undue anxiety and depression are not capable of self-diagnosis nor consent for such a complex and permanent amputation surgery.
3. A patient in such a state cannot have his own "goals for surgery". This indicates an elective surgery when the surgery is supposed to be correcting a physical defect instead to "cure dysphoria".. Yes, do "explain"..
4. This statement gives a brush of the hand to the entire underlying symptoms and another genesis. Drug addiction is a sign of a serious underlying mental condition; and it is not improved with this type of amputation surgery. The mutilated people go on to continue abusing drugs; often worse than before. Sex changes are not effective, say researchers I would love to see the Dr.'s "plan for stabiliziation". How about mental therapy for a few years? This is a rubber stamp to push the unstable and mentally ill through this illegal type of surgery.
5. Said patient is in no way shape or form able to consent to such surgery. What "benefits" could a doctor explain? There is no way to turn a male patient female nor a female patient male. So said "benefits" could only be to worsen their delusion (and mutilate their bodies) in the process. It's akin to putting a burn patient in an oven "so they'll feel better"..
6. How about instead of saying as a doctor "I believe", say " it is my professional opinion"? Belief is nice, but this is medicine, not a religion.
Here's a sample of a rubber-stamped doctor-referral disclaimer. It says "even though my patient is delusional and believes his penis and testicles don't belong attached to his body, I feel this patient is fully capable of an informed decision about this type of surgery: Surgery Sample Letter
*********
[on letterhead]
[date]
Re: [patient name on insurance card], [patient's chosen name], [patient DOB]
Dear Doctor,
[Patient name] is a patient in my care at [your practice name]. They have been a patient here since [date]. They identify as [gender identity] and go by [pronouns]. (1) They note that they first knew their gender identity differed from their assigned sex since [age]. They have been living full time in the appropriate gender role and have successfully and consistently lived full time in this role since [date]. While hormone therapy has (sic)significantly helped treat their gender dysphoria,(2) they are still symptomatic. Despite hormone therapy, they continue to experience symptoms of gender dysphoria. They report anxiety and depression due to their experience of dysphoria. They have expressed a persistent desire for [surgery]. (3) Their goals of surgery are [goals]. Surgery will address their gender dysphoria in these ways: [explain].
[Patient name] is physically healthy enough to undergo this surgery. [list any medical issues that may be relevant to having surgery]. Their current medications include [medications]. Their surgical history includes [surgical history]. They are stably housed and have prepared for their post-op recovery [if this is true].(4) They have no issues with illicit drug use or abuse [if this is true]. [if not true, explain plan of care for stabilization].
[Patient name] has more than met the WPATH criteria for [surgery].(5) I have explained the risks, benefits, and alternatives of this surgery and believe they have an excellent understanding of them. They are more than capable of making an informed decision about undertaking surgery. I believe that the next appropriate step for them is to undergo [surgery], and (6) I believe this will help them make significant progress in further treating their gender (sic)dysphoria. Therefore I recommend and refer [patient name] to have this surgery.
If you have any questions or concerns please do not hesitate to contact myself or my office.
Sincerely,
[your name], MD
[your license number]
*********
It is a "run 'em through" form letter where each individual should at least get a personalized and detailed referral based on a doctor's thorough knowledge of their case. I believe it's an attempt to squeeze down the screening process and eliminate "those pesky details like profuse mental illness being present". I like how even if someone is addicted to drugs while being referred, they've provided a mitigation clause to describe how the abuse has been stablized. ie: It's OK if they're out of their minds, just patch them up and shove them over here to the operating table.
I've bolded areas of legal concerns and will address them here:
1. A self-diagnosis from a patient obviously in the throes of mental instability does not suffice as a diagnosis.
2. Again, a "symptomatic" patient experiencing undue anxiety and depression are not capable of self-diagnosis nor consent for such a complex and permanent amputation surgery.
3. A patient in such a state cannot have his own "goals for surgery". This indicates an elective surgery when the surgery is supposed to be correcting a physical defect instead to "cure dysphoria".. Yes, do "explain"..
4. This statement gives a brush of the hand to the entire underlying symptoms and another genesis. Drug addiction is a sign of a serious underlying mental condition; and it is not improved with this type of amputation surgery. The mutilated people go on to continue abusing drugs; often worse than before. Sex changes are not effective, say researchers I would love to see the Dr.'s "plan for stabiliziation". How about mental therapy for a few years? This is a rubber stamp to push the unstable and mentally ill through this illegal type of surgery.
5. Said patient is in no way shape or form able to consent to such surgery. What "benefits" could a doctor explain? There is no way to turn a male patient female nor a female patient male. So said "benefits" could only be to worsen their delusion (and mutilate their bodies) in the process. It's akin to putting a burn patient in an oven "so they'll feel better"..
6. How about instead of saying as a doctor "I believe", say " it is my professional opinion"? Belief is nice, but this is medicine, not a religion.
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