Breaking #DeTransLaw News: Morgan Hale's lawsuit against Equitas Health has been Dismissed w/ Prejudice. Morgan's team argued SOL was tolled because she was of "unsound mind". The Judge found she did not present proper evidence or expert attestation to substantiate the claim of mental impairment.
These lawsuits are such a waste of time, money and paper. Smh The amount of fighting and setbacks I'm doing to just get my surgery in my 40s and these detrans grifters are lying & pretending doctors & surgeons had it out like candy while getting charlatans to certify them as dumbfucks 🙄
Do you have any ideas for why she didn’t sue the surgeon?
the complaint in this case pointed to the providers in ohio as responsible for encouraging top surgery. she might've had a harder time proving negligence from the surgeon - if the required approval was provided, then it's hard to prove that the surgeon didn't do his due diligence.
Yeah I’m thinking she signed more restrictive papers for the surgery
in my experience, you don't actually spend a lot of time with the surgeon outside of surgery, and spend more time with the psychologist who approves that you're of sound mind + the provider who gives the referral. the surgeon isn't giving a mental health evaluation.
if the surgeon has the right backup + referral and doesn't notice anything obviously wrong in the short periods you meet before surgery, there's not much room to prove that the surgeon should have known about an issue. there's a lot more moving parts with a regular provider, much more vagueness.
so between signed consent forms and the lack of responsibility for the surgeon to personally review mental health, it definitely seems like there's way less wiggle room to accuse the surgeon. i don't have a legal background though, so it's just speculation.
Seems realistic to me lmao but I also have no law background
why do you think she didn't?
Off the top of my head MAYBE she signed forms that she didn’t for these other providers that mean she can’t sue him?
are you sure she didn't?
I mean the screenshots say he’s not being sued in this suit
Were any surgeons not included in counts 4&5? II.c. in the order? They talk about medmal there. realistically she didn't have any claims to make and it was "creative" lawyering to get it this far in the first place...
I mean it explicitly said the surgeon was not included in this suit
I'm guessing it's because surgery was done out of state by Dr. Peter Raphael in Texas.
thank goodness, they're my provider