March 4, 2023 - Washington, D.C. — Senator Tom Cotton (R-Arkansas) has introduced the Protecting Minors from Medical Malpractice Act, legislation that will allow individuals who suffered dangerous gender-transition procedures as minors to seek justice in court. Senator Mike Braun (R-Indiana), Senator Ted Cruz (R-Texas), Senator Steve Daines (R-Montana), Senator James Lankford (R-Oklahoma), Senator Markwayne Mullin (R-Oklahoma), Senator Marco Rubio (R-Florida), and Senator J.D. Vance (R-Ohio) are co-sponsors of the bill. Congressman Jim Banks (Indiana-03) is leading companion legislation in the House.

“Gender-transition procedures aren’t safe or appropriate for children. Unfortunately, radical doctors in the United States perform dangerous, experimental, and even sterilizing gender-transition procedures on young kids, who cannot even provide informed consent. Our bill allows children who grow up to regret these procedures to sue for damages. Any doctor who performs these irresponsible procedures on kids should pay,” said Senator Cotton.

“Performing irreversible surgery on a child too young to drive a car or get a tattoo is wrong. The quacks who enable this inexcusable practice must be held accountable. Our bill would ensure justice for women like Chloe Cole, who is currently suing her former so-called medical professionals for subjecting her to irreversible and damaging gender transition surgery at a young age,” said Congressman Banks. 

Bill text may be found here.  

The Protecting Minors from Medical Malpractice Act would:

• Create a private right of action allowing people who suffer gender-transition procedures performed on them as minors to sue the medical practitioner who performed the procedure.
  • Allow victims or their legal guardian to sue for declaratory or injunctive relief, compensatory damages, punitive damages, and attorney’s fees.
  • Provide a 30-year statute of limitation after the age of majority.
  • Gender-transition procedures include puberty blockers, cross-sex hormones, and surgical procedures that change an individual’s body in order to align with an identity at odds with an individual’s biological sex.
  • Applicable to procedures performed after the date of passage of this legislation.
• Clarify that federal law cannot be construed to force medical practitioners to offer such procedures.
• Prohibit federal health funds from going to states that force medical practitioners to perform gender-transition procedures.

The legislation is supported by the American Principles Project, Heritage Action for America, Ethics and Public Policy Center, Family Research Council, Family Policy Alliance, and the Independent Women’s Forum.
Source: Senator Tom Cotton