Transgender men sue NHS over ‘half-built’ genitalia
Transgender men sue NHS over ‘half-built’ genitalia
Human rights lawyers are representing patients after their surgeries were unexpectedly halted
Transgender men have threatened to sue the NHS after being left with “half-built” genitalia.
Human rights lawyers are representing patients who have been left with “indeterminate genitalia” and “psychological distress” after their surgery processes were unexpectedly halted.
NHS England had commissioned St Peter’s Andrology Centre, a private clinic in north London, to carry out the surgeries but did not renew the contract upon its expiry in March 2020.
It was not until September 2021 that New Victoria Hospital in Kingston was appointed as a replacement provider, creating a backlog that has left many patients facing delays of up to four years, midway through procedures that require multiple operations.
Law firm Leigh Day, working with LGBTQ+ group TransActual, has written to NHS England and St Peter’s to demand a formal response before legal action is taken.
Lawyers have been investigating the collapse of commissioning arrangements which contributed to surgery delays that left patients with “physical and psychological distress”, as well as “further gender dysphoria”.
The two genital surgeries in question are metoidioplasty and phalloplasty, in which a penis is created from existing genital tissue or from skin grafts from elsewhere on the body, respectively. They are complex procedures that commonly require three stages of surgery.
However, following the commissioning issues, patients now face delays of up to three to four years.
‘Vast negative impact on mental health’
One patient, Matthew (not his real name), said: “I have now been living for three years with an incomplete penis reconstruction.
“This continues to have vast negative impact on my mental health. My confidence has disappeared, I haven’t been able to socialise like I used to, travel, or gain new employment.
“I find it hard to trust people now. I have been hugely affected by stress which has resulted in other knock-on health issues such as anxiety, depression, insomnia, hair loss and suicidal ideation.”
Some patients have been informed that New Victoria Hospital will perform the second stage of the metoidioplasty surgery in two stages, meaning that patients now face an additional surgical procedure that they did not expect or consent to when they chose their plan.
Leigh Day said it had also been approached by people who were yet to receive a surgical referral, or who had received a surgical referral but were yet to be added to the waiting list.
The law firm added that it was seeking to “hold those responsible to account” and “prevent such mistakes from being repeated”, as well as secure compensation for its 16 claimants.
“We are arguing that the defendants have been negligent in their provision of the surgeries and have breached our clients’ human rights.”
Another solicitor, Anna Dews, added: “This claim raises important issues around access to healthcare but there are equally important legal questions around informed consent.”
Speaking on behalf of TransActual, director Chay Brown said NHS England could have done more to help those left in limbo.
He said: “We believe that there are things the defendants could have done to mitigate the impact of the commissioning issues, such as moving some surgeries abroad, and putting in place dedicated counselling, but NHS specialist commissioning chose not to and has not even apologised to those affected.”
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