Premium: What Can We Learn from Other Legal Precedents?
Gender: A Wider Lens
Sasha Ayad and Stella O'Malley
4.6 • 961 Ratings
🗓️ 8 June 2024
⏱️ 2 minutes
🧾️ Download transcript
Summary
Are other legal precedents related to issues like abortion, euthanasia, lobotomies, or cosmetically oriented body modifications that can shed light on current legal challenges involving gender medicine?
In this bonus episode for premium subscribers, Josh Payne explains how legal strategies often involve comparing new cases to similar past ones where patients experienced harm due to misinformation or non-disclosure. He cites examples of medical harm cases, emphasizing the importance of proving intentional deception to establish fraud, noting that historical medical practices like lobotomies, now judged harshly, provide a precedent for current critiques of gender medical interventions.
Watch our full length free episode with Josh Payne: https://www.widerlenspod.com/p/episode-167
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Transcript
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| 0:00.0 | Welcome to Gender A Wider Lens exclusive content. If you're a free listener, what you're about to hear is a preview of a bonus episode for our paid sub-stack subscribers. |
| 0:11.0 | If you'd like to hear the rest, go to widerlands pod.com and sign up for any of our paid membership |
| 0:16.8 | options. |
| 0:17.8 | And to all of our premium and founding member subscribers, thank you for the support. And here's the bonus conversation. |
| 0:26.0 | So we're back here with Josh Payne, |
| 0:28.0 | who is an attorney from Campbell Miller Payne, |
| 0:30.0 | their firm that is taking detransition lawsuits. And we wanted to... paying their |
| 0:33.2 | firm that is taking detransition lawsuits. And we wanted to ask you if there are other legal |
| 0:37.1 | precedents around things like abortion or Eusin Asia. |
| 0:40.5 | Estella brought up in the full episode just kind of like cosmetically oriented body modifications. |
| 0:47.4 | Like are there other types of legal situations that can shed light on what's happening right now with gender medicine? |
| 0:56.6 | I think there are. The best tried and true path to sort of when is to try to say that your case is most like something else that has |
| 1:06.8 | occurred which is probably the thinking behind the thinking behind your question and And so we try to, you know, look at previous cases, |
| 1:16.0 | look at precedent where, you know, there were medical harms |
| 1:20.0 | that someone was misled into, you know, facts were withheld, you know, details were misrepresented, |
| 1:28.3 | the, you know, full options were not |
| 1:35.0 | necessarily these hot button political topics you mentioned, like |
| 1:40.0 | like you mentioned, like abortion or euthanasia, |
| 1:42.0 | but even just ordinary, you know, even just ordinary, you know, in surgery where, you know, you told me that this was the device you were putting in and I thought it was coming out or, you know know I didn't realize that I would need a |
| 1:54.4 | follow-up surgery and you failed to tell me about it I developed an infection as a |
| 1:58.2 | result and so there are some really good precedents out there of failing to fully disclose to a patient and fully inform |
| 2:08.0 | a patient is not just a, you know, garden variety informed consent issue but could rise to the level of, you know, fraudulent |
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