Cases of fault or negligence regarding gender reassignment medical treatments

Recently in our country it has been passed the << Law 4/2023, 28th of February, for the real and effective equality of trans persons and the guarantee of LGTBI persons' rights >>, which contains important developments and many of them controversial -such as the correction of registration relating sex-.However, the starting point of this paper is an issue which, in fact, has barely been treated in the aforementioned law; which is, the gender reassignment medical treatment. In this context, there have been cases of detransition, which imply the desire to cease or to reverse the effects of hormonal treatments and/or surgeries practiced for the aforementioned reassignment. Due to the fact that hormonal treatments and surgeries may be irreversible and imply secondary effects, it is necessary to determine whether these effects should be considered liable damages. To this end, amongst other questions, it has to be assessed if the medical intervention was performed in accordance with the << lex artis >>, Therefore, the subject matter of this study is answering the question concerning what is to be understood by << diligent performance >> in the context of medical treatments for gender transition or reassignment in relation to consenting the initiation of such treatment.