In utah, patients who consent to “Hormonal Transgender Treatment” or Surgery on “Sex Characteristics” Why they are minors are alive to revoke their informed consent Under the Health Care Malpractice Act, updated in 2023, minors can recant their consent before age 25 if they develop a “Permanent injury” from their treatment, with the argum ‘S health outcome and subsequent regret.
Allowing Patients to withdraw Informed Consent Retroactivly Places An Extreme Burden on Clinicians, Limits Access to Gender-Afffirming Care, And Acute Threatns the Legal Infrastation Substructure Supar Ccording to a new personal article by Boston University School of Public Health (BUSPH) and Cornell Law School (CLS) Researchers.
“It is unrealistic and unreasonable to expect clinicians to predict which patients may later reveres their consent to treatment,” Write Dr. Kimberly Nelson, Associate Professor of Community Health Sciences at Busph, and Dr. Kristen Underhill, Associate Dean for Faculty Research and Professor of Law at Cls, In the New England Journal of MedicineINTEAD of Expanding Health Care Options for Minors, They Write, this first-off-IF-Kind Legislation will likely deter Wary Clinicians from providing this care at all.
Informed Consent is a Central Component of Health Care, ENSURING that Patients Receive Approves Information from Their Clinician About The Risks and Benefits of a Medical Procedered or Treaty Ions about their health. This Consent Promotes Patient Autonomy, Ethical Guidance from The Doctor, and Ongoing Trust and Communication Between the Doctor and Patient.
The utah legislation casts a cloud over this trusted process, Potentially Liable for Claims Aligned with Nonconsented Care – BY The Minor PATINT OR DEARNT/GURANT/GURANT The treatment.
“Clinicians need to be able to relay on consent at the time of treatment,” Says Dr. Nelson in a statement separe from the percective. “Undermining this Critical Aspect of the Clinician-PATINESHESHIP ical care, more broadly. “
The new law puts clinicians at risk of litigation for treatment beyond gender-affirming care. For example, a physician can Provide Breast Reduction Surgery to a Minor Patient Assigned Male at Birth for Reasons Other THAN GENDER DINEDER DISPHORIA, Such as Breast Cancer treatment. This broad interpretation of the law could discourage doctors from operating in practices that provide gender-affirming care altogethr, or make them more hesitant to relay on minor cons
And while utah is the only current state with this legislation, other states could swiftly follow suit, the authors warn.
“As we have seen in other politically fraght area of medical care, statement laws tend to be tested out in one or two states, then applied more broadly by other states and used to target revered Medical Treatments,” Says. Underhill. “As such, it is poses Patients to revoke their consent retroactively. Make it more legally precarious for clinicians to provide this medical care. “
Doctors should not have to guess whether their patients who are fully consted “Clinicians in All Areas Should Recognize that these Laws are not just attacking gender-affirming care-thehe are attacking the foundation of the us health care system.”
More information:
Kristen Underhill et al, Pulling out the Rug on Informed Consent – New Legal Threats to Clinicians and Patients, New England Journal of Medicine (2025). Doi: 10.1056/nejmp2413570
Citation: Opinion: Utah Law Allowing Minors to Revoke Medical Consent is ‘Attacking the Foundation of the Us Health Care System’ (2025, February 4) Retrie 5 February 2025 from
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