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On Monday, a North Carolina appeals court will tackle a question that is much bigger than one case, one plaintiff or one state. It will determine whether those who have been harmed by medical malpractice have a right to justice.
We believe the answer should be yes.
As an emotionally depressed teenager, I, Prisha Mosley, found myself turning to dark places on the internet. Lured in by discussion sites and subreddits, the addictive, alluring culture of inclusivity captivated my young, impressionable mind. Although I suffered from many mental illnesses and an eating disorder, I began to believe that what was wrong with me was that I was born in the wrong body.
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I was told that instead of accepting my natural gender, I could pretend to be a boy. This seemed like the only way forward at the time, especially at the behest of my doctors, who quickly agreed that this was what was wrong with me. They pressured me to believe that since I was already struggling with suicidal thoughts, I needed to complete this change immediately, as my life would be in danger. I was told that there was a simple and acceptable solution to my depression: testosterone injections and the surgical removal of my healthy breasts.
My doctor even told me that by taking testosterone, I would go through puberty as a boy. This was a lie. This was medical fraud.
Prisha Mosley is an Independent Women’s ambassador and activist. (Independent Women)
A program that should have been designed to protect me instead threw me to the wolves. Instead of looking at my personal trauma and carefully considering the best way to resolve it, my doctors and therapists signed off on a total mutilation of my body before I even got my driver’s license.
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I found a false affirmation, not a medicine. My mental suffering grew worse than before my transition, combined with the loss of my healthy, functional body and organs. And these results can never be reversed.
My doctors and therapists signed off on my total mutilation before I even got my driver’s license.
For this reason, I contacted the attorneys at Campbell Miller Payne to file a medical malpractice lawsuit.
As her counsel, I, Josh Payne, have spent years examining the ins and outs of Prisha’s case – the first of its kind in the nation to go to trial – and now others who love it. Sadly, Prisha’s case is no different. Across the country, vulnerable children and young adults presenting with complex mental health conditions are being subjected to life-altering medical interventions without the rigor, reluctance or informed consent required by our legal and medical systems.
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When Prisha sought care, she was entitled to basic protections based on both law and medicine: evidence-based treatment based on transparency and the primary medical principle of “do no harm.” But instead, his doctors sold him the false story that he could change sex, and they mutilated his body to serve that lie.
In 2023, Prisha sued the medical providers who helped her transition, alleging fraud, negligence and malpractice. But his case is yet to be heard by a jury of his peers. It was destroyed by process technology: time.
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The court ruled that his requests came too late. But this is the injustice at the heart of this appeal. Prisha had no idea that the testosterone and surgery that the defendants were calling her as “treatment” could harm her. Cases like Prisha’s do not qualify for strict statutes of limitations because the patient trusts their medical professionals to treat them honestly. When that trust is broken through deception, the damage is not immediately apparent. In fact, it is often obscured by the very authority and ideology that drives these decisions.
Recognizing this, North Carolina lawmakers extended the statute of limitations for these cases, acknowledging that justice must respond to delays in understanding cases with profound medical consequences. Yet despite this legal victory, Prisha’s claims were dismissed with prejudice, preventing her from ever presenting her case before a judge.
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Courts exist to examine contested facts, not to suppress them. In Prisha’s case, there are legitimate questions that need to be examined. What did his doctors know? What did they reveal? And did they meet the standard of care owed to a vulnerable patient? Those questions need answers and that is exactly why we filed the complaint.
That decision will be contested on Monday, April 13, in a written submission to the court.
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This is first and foremost about principles. It is about whether the law will recognize that vulnerable patients cannot consent aloud to interventions that have consequences they cannot understand. It’s about whether medical professionals can promote unproven treatments without accountability. We are told that cases like Prisha’s are rare. But whether they exist or not, low exposure is no defense against negligence. The law does not exist to protect reckless behavior and fraud. The law exists to protect people from harm.
Our issue is not only about justice for one person, but about setting an example for other such cases across the country. It stands at the crossroads of medicine, ethics and accountability in an era where all three are, at times, in conflict. If our appeal is successful, we will not guarantee victory, but we will guarantee something very important: the right for revolutionaries to be heard.
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A successful appeal will prove that accountability does not end when the medical process ends. On the heels of Fox Varian’s $2 million settlement this year, we will prove that justice for detransitioners across the country is coming.
On Monday, the court will consider our arguments and decide whether justice can be served in our case. We believe that this should not be a difficult decision.
Joshua Payne is the attorney representing Prisha Mosley and the founder of Campbell Miller Payne, a law firm dedicated to representing transitioners and others who have been harmed by medical transition processes.
CLICK HERE TO LEARN MORE FROM PRISHA MOSLEY
