The "Protect Minors from Medical Malpractice Act of 2025" allows individuals under 18 who undergo gender-transition procedures to sue the medical practitioner who performed the procedure if they are injured as a result, and it protects medical providers' freedom of conscience and medical judgment. It also prohibits federal funding to states that require medical practitioners to perform gender transition procedures.
Brian Babin
Representative
TX-36
The "Protect Minors from Medical Malpractice Act of 2025" allows individuals under 18 who undergo gender-transition procedures to sue the medical practitioner who performed the procedure if they are injured as a result, with a 30-year window after turning 18 to bring a civil action. It also protects medical practitioners' freedom of conscience by prohibiting federal laws from requiring them to perform gender-transition procedures and prohibits federal funding to states that require medical practitioners to perform gender transition procedures. The act defines "gender-transition procedure" while providing exceptions for individuals with ambiguous biological sex characteristics or genetic/biochemical conditions affecting sex chromosomes or hormone production and treatments for infections, injuries, diseases, or disorders caused or worsened by gender-transition procedures, or procedures necessary to prevent imminent death or major bodily impairment as certified by a physician.
New Bill Lets People Sue Doctors for Gender-Affirming Care Until Age 48, Blocks Federal Funds for Some States
The "Protect Minors from Medical Malpractice Act of 2025" does a few major things that could shake up healthcare, especially for trans folks. It basically opens the door for people who received gender-affirming care as minors to sue their doctors for decades afterward, and it messes with how the federal government funds healthcare in certain states.
Legal Hot Water for Doctors
This bill introduces a private right of action, meaning someone who had a gender-transition procedure as a minor can sue the medical practitioner who performed it. And they've got a long time to do it—until they turn 48 (SEC. 2). We're talking potential lawsuits for things like puberty blockers, hormones, or surgeries (SEC. 5), even if the procedure happened way back when. This could make doctors hesitant to provide this kind of care, period. Think about it: a doctor could be on the hook for legal action for 30 years after a patient turns 18. That's a huge liability hanging over their heads, potentially impacting their practice and insurance, and that's something that could affect all of us through higher costs or reduced access to care.
Feds Flexing on Funding
Here's where it gets even stickier. The bill says that if a state requires doctors to perform gender-transition procedures, that state can lose federal funding from the Department of Health and Human Services (SEC. 4). This is a big deal because federal money helps pay for all sorts of healthcare services. This part of the bill could pressure states to back off from supporting gender-affirming care, which could limit options for people seeking this kind of treatment. It is a way of using federal purse strings to influence state-level healthcare policy, which is a pretty significant move.
Defining 'Biological Sex'
The bill also defines "biological sex" in a very specific way—based on your chromosomes and reproductive organs at birth (SEC. 5). This definition doesn't account for a person's gender identity, which is a major point of contention for many in the LGBTQ+ community and beyond. This definition, written into law, sets a precedent for how the government views and treats gender, potentially impacting not just healthcare, but other areas of life, too. It's like saying your ID is the only thing that defines you, ignoring how you see yourself.
Real-World Ripple Effects
Imagine a young person who starts transitioning with their family's support. Years later, they might have different feelings, and this bill gives them a long window to take legal action against their doctor. While some may see this as a safeguard, others worry it could be used to harass doctors or pressure people who are genuinely happy with their transition. Or picture a state that wants to protect access to gender-affirming care. This bill could tie their hands financially, making it harder for people to get the care they need. This isn't just about trans healthcare; it's about how much control the federal government can exert over states and individual medical decisions. It could have wide-ranging consequences for healthcare access, doctors' willingness to provide certain treatments, and how we define and understand gender in the eyes of the law.