Montana Allows a Long Time to Sue Those Involved in Providing Gender Transition Treatments to Minors

Medical treatment for minors said to be suffering from gender dysphoria has been a controversial topic in Montana. In 2023, lawmakers passed legislation restricting medical procedures and treatments for minors, but the courts struck down the law.

What many people do not realize, however, is that lawmakers later came back with a plan that allows minors who received gender transition treatments a long time ago to take legal action about it. If they reach their late 20s and realize that treatments have resulted in injuries, they can sue. They can also get detransition treatments covered by insurance in many situations. The new law takes effect on October 1 of this year.

Extended Statute of Limitations

When someone harms another person, such as a sloppy medical mistake like giving a patient the wrong dose of medication, the injured person has a limited time to seek justice through the court system. The deadline for filing a claim is known as the statute of limitations, and it varies by situation. If someone causes harm by failing to live up to contractual obligations, the person suffering the loss will have between 4 and 8 years to file a claim for damages. If someone is injured in a car accident, the statute of limitations is only three years. Claims filed after that deadline will be dismissed by the courts even if the injuries are severe.

In medical malpractice cases, calculating the deadline can be complicated, but it is usually pretty short. A lawsuit must be prepared and filed within two years of the injury. If the injury was not easy to detect, the deadline is calculated as two years from the time the injury was discovered. A claim could be filed up to 5 years after the mistake was made, but in most cases, no later than that.

The provisions of HB 682, which are incorporated in Section 27-2-219 of the Montana Code, extend that deadline significantly for lawsuits based on gender transition treatment provided to minors. When someone received treatment as a minor, and that treatment resulted in “injuries,” then that person can file a claim anytime before they reach the age of 25. If they do not recognize the injuries or the causal relationship between the gender transition treatment and the injuries until they are older, they can file a claim within two years after that discovery, so long as the claim is filed before they reach age 30.

Gender Transition Treatments Covered by the Law

The new statute defines “gender transition treatments” to include:

• Surgery on sexual organs
• Surgery that affects the voice, reduction of thyroid cartilage, and augmentation of the gluteus maximus or pectoral implants
• High doses of estrogen, testosterone, or other androgens
• Puberty blockers such as GnRH agonists that delay or suppress pubertal development

The treatments may either be provided to female minors who have the perception that their gender is not female or to male minors who have the perception that their gender is not male.

What is an Actionable Injury Under This Law?

Most legal claims for medical injuries involve injuries that were caused by reckless or careless actions. It is necessary for a patient to demonstrate that the doctor or other health care provider or facility deviated from the general standard of care and that the failure to meet the general standard caused the injuries.

What is not clear at this time is the scope of “injuries” for which damages can be claimed because of gender transition treatments given to minors. Certainly, recovery would be allowed for negligent errors. Recovery may also be allowed when a patient alleges that they did not have adequate information to provide informed consent to procedures or that proper mental health evaluations were not performed before starting treatments.

Claims could also be based on misdiagnosis. A patient suffering from depression, for instance, could be misdiagnosed as needing treatment for gender dysphoria because the proper procedures were not followed in making or confirming the diagnosis.

When Misdiagnosis or Other Medical Errors Cause Harm, Ragain & Clark Fights for Justice

Health care providers often assume they know what’s best for patients without taking the time to truly understand the problem. This results in malpractice far too often.

It is not fair when patients suffer because a hospital is too focused on profits or a doctor is too arrogant to do the right tests to confirm a diagnosis. The team at Ragain & Clark cannot erase the harm caused in these situations, but we can work to obtain justice and fair compensation for the victims who are injured. For a free consultation to learn more about the assistance we could provide in your situation, call us at 406-651-8888 or contact us online now.