close
close

Surgeon spoke out against gender reassignment surgery. Charges are being brought against him


Given the increasing concerns expressed by medical professionals, it is surprising that discussions about life-changing treatment for transgender children are still so politically charged.

play

Whistleblowers are often brave people who expose unethical or illegal behavior. But what happens when a whistleblower is targeted by the government because of their statements? And is it even right to break the law to expose wrongdoing?

These questions are relevant to the case of Dr. Ethan Haim, a surgeon in Texas who has been charged with four counts of violating the federal Health Insurance Portability and Accountability Act (HIPAA).

Last year, Haim, then a surgical resident at Texas Children's Hospital in Houston, gave conservative journalist Christopher Rufo documents showing that the hospital had secretly continued “transgender medical procedures” on minors despite publicly declaring it had stopped such procedures.

According to the indictment now released, the U.S. Attorney's Office in the Southern District of Texas has accused Haim of unauthorizedly obtaining protected individual health information from patients who were not in his care.

Haim and his supporters say he is being targeted not for violating HIPAA but for speaking his mind. If that's the case, the government should not use its power to silence and punish a whistleblower.

Dr. Ethan Haim: Surgeon, Whistleblower, Felon?

In March 2022, Texas Children's Hospital, the largest pediatric hospital in the country, announced that it would no longer prescribe gender-affirming hormone therapies, citing potential legal risks.

A month earlier, Governor Greg Abbott and Attorney General Ken Paxton declared that under the Texas Family Code, “gender reassignment surgery on children and the prescription of puberty blockers are considered 'child abuse.'”

“Texas Children's Hospital's mission is to create a healthier future for all children, including transgender children, within the bounds of the law,” the hospital said in a statement. “This step was taken to protect our health care professionals and the families affected from potential legal consequences.”

Fauci was wrong about COVID: Millions of people have suffered because of COVID guidelines. Now Fauci admits that “there is no scientific evidence to support this.”

But according to Haim, the hospital has not stopped providing gender-affirming treatment to minors.

Haim recorded evidence of the treatment in progress at the hospital and passed it on to Rufo. Haim says he redacted any patient information that would violate HIPAA. On May 16, 2023, the City Journal published Rufo's story, which included Haim's anonymous account of what he experienced at the hospital. Texas lawmakers then officially banned transgender medical procedures on minors.

“They've spoken publicly about how they're hiding what they're doing,” Haim recently told The Free Press. “Without trust, you can't take care of your patients. For me as a doctor, it was unconscionable not to do anything about it.”

In a City Journal article published in January, Haim revealed his identity and detailed the gender reassignment surgery he had undergone, including a surgeon who implanted a hormone implant for gender dysphoria in an 11-year-old girl. Haim said the frequency of such procedures has increased and “potentially hundreds more children” have received hormone interventions for gender dysphoria.

Last June, federal agents came to Haim's home and handed him a letter informing him that he was a “potential target” of an investigation into an alleged violation of federal criminal law related to medical records.

The indictment, unsealed on Monday, states: “In April 2023, Haim allegedly requested reactivation of his login access to TCH to access pediatric patients who were not under his care. The indictment alleges that he obtained unauthorized access to pediatric patients' personal information under false pretenses and later disclosed it to a media contact.”

Haim's concerns reflect growing caution in the medical community

Haim is not the only one concerned about the role of doctors in treating minors suffering from gender identity disorder.

Recently, the National Health Service England said it would not prescribe puberty blockers as “routine treatment” to children and other young people seeking gender reassignment surgery. The Cass Review, an independent nearly 400-page report on transgender care, recommended that providers slow down drug treatment and concluded that the evidence for this type of gender reassignment surgery was “stunningly weak.”

'Extreme caution': Cass review raises alarm bells about gender-affirming care for transgender children

The American College of Pediatricians, a group of about 700 conservative physicians, recently called on other physicians to refrain from intervening in the treatment of minors with gender identity disorder.

In recent years, Denmark, Finland, Norway and Sweden have been working to set new limits on hormone treatment for adolescents with gender dysphoria.

Given the growing concern among medical professionals, it is surprising that discussions about life-changing treatment for transgender children remain so politically charged. My home state of Texas is not the only one to restrict such treatment; 24 other states have banned gender-affirming medical treatment for minors.

Is the government silencing Haim for political reasons or because he violates HIPAA?

The indictment accuses Haim of illegally accessing patient records under false pretenses. If this is proven to be true, Haim must be held accountable.

However, Haim's goal of denouncing the activities of Texas Children's Hospital raises the question of whether his alleged misconduct should be taken into account since the hospital continued to treat transgender minors despite announcing it would stop treating them.

HIPAA violations should be taken seriously, but “up to 10 years in prison and a maximum fine of $250,000” for exposing the hospital’s alleged misconduct seems excessive.

Caring for transgender minors is fraught with many complicated issues. Unlike adults, children, who are still legally minors and in many cases have not yet reached puberty, cannot truly give informed consent and do not know what they want as adults.

It is crucial that ongoing discussions take place between healthcare professionals, young people, their families and policy makers.

What must be avoided are attempts to silence dissenting opinions.

Nicole Russell is an opinion columnist for USA TODAY. She lives in Texas with her four children. Subscribe to her newsletter, The Right Track, and have it delivered to your inbox.

Anna Harden

Learn More →

Leave a Reply

Your email address will not be published. Required fields are marked *