Prisha Mosley thought that she would get her day in court when the North Carolina Legislature extended the state’s statute of limitations for medical malpractice lawsuits filed by “detransitioners.”
But even with a change in the law, she is struggling to get her case before a jury.
As a teen, Mosley’s doctors prescribed testosterone and recommended a double mastectomy to change her body to match her gender identity at the time. But as she matured, she came to realize that these medical procedures destroyed her body and left lasting physical and emotional damage.
Mosley is just one of many “detransitioners” who have sued after life-altering medical procedures. Their plight has prompted debate about how long states such as North Carolina should allow medical lawsuits to be filed for those harmed by “gender-affirming” procedures.
States including Tennessee and Arkansas have passed these laws, while others, such as Texas, which is considering a lawsuit over the issue, have failed.
Mosley told The Epoch Times that she had painful pregnancy complications that stemmed from her surgery a decade earlier.
“I also think that speaks to the statute of limitations issue, because, despite the fact that I had this surgery like 10 years ago ... I had this complication less than two years ago when I gave birth to my son, and it was, it’s by far the worst thing that’s ever happened to me in my life,” Mosely said.
Mosley sued her doctors for fraud and medical malpractice in 2023. A judge ruled in 2024 that the statute of limitations barred the malpractice claim but that the fraud claim could proceed.
As the fraud question was being litigated, North Carolina extended the statute of limitations from three to 10 years and included a provision reviving claims that had previously timed out.
So Mosley was shocked in August 2025 when Superior Judge Robert Ervin, of North Carolina’s District 25A Superior Court, dismissed the fraud claim with prejudice—overturning his own previous ruling—and also refused to allow the malpractice claim to be revived.
Ervin did not give a reason for his ruling; he wrote that previous court decisions allowed trial judges “discretion” to amend their prior decisions, or apply new laws in cases already underway. Mosely is appealing her case in state court.
State Limits
In Texas and other states, medical malpractice suits must typically be filed within two years of when the negligent treatment occurred, although a few states allow up to four years.
In a show of support for Soren Aldaco, who sued after receiving hormones and a surgery, Texas lawmakers vowed to support future legislation next year to extend the statute of limitations for detransitioners.
Red states, especially, have championed laws barring hormones and surgeries for minors experiencing gender dysphoria. But they have lagged behind in providing timeline carve-outs for medical malpractice suits for children or young adults who have transitioned.
Dozens of plaintiffs have filed lawsuits against therapists and surgeons who approved these procedures in recent years, alleging fraud, negligence, and medical malpractice. Some have even managed to obtain settlements.
The first medical malpractice verdict in favor of a detransitioner came on Jan. 30 in the Fox Varian case. A jury found a psychologist and surgeon liable for malpractice after they supported and performed breast removal surgery on the girl, who was 16 at the time and identified as transgender.
Extended Deadlines
Tennessee’s Senate Bill 1, which became law in 2023, banned medical procedures on minors with gender dysphoria, but it also established a longer statute of limitations for civil action extending 30 years from the date that the minor reaches age 18, or 10 years after the minor’s death if he or she dies before then.
The law’s provisions banning gender transitioning for children were upheld by the U.S. Supreme Court in United States v. Skrmetti in 2025.
In Louisiana, lawmakers overrode Gov. John Bel Edwards’s veto to pass Act 466 in 2023, also known as the Stop Harming Our Kids Act. It allows individuals and their parents to pursue damages for 12 years after the victim turns age 18, up to age 30.
Similar laws were passed in Florida, Arkansas, and Oklahoma.
Failed Attempts
In Texas, state lawmakers attempted to pass legislation to reform detransitioner lawsuits in 2023 with Senate Bill 1029. That bill, which passed the state Senate, would have extended the statute of limitations for the entirety of a patient’s life, but it died in the state House. Another attempt in 2025 met a similar fate.
In 2024, the Kansas Legislature failed to pass Senate Bill 233, which would have set a 10-year statute of limitations to file a medical malpractice lawsuit involving gender transitioning from the date a minor turned 18. Gov. Laura Kelly vetoed the bill, and the legislature’s attempt to override the veto failed.
However, the legislature was successful on a second attempt, extending civil liability actions in 2025 by passing Senate Bill 63, The Help, Not Harm Act, which extended the deadline until age 28. The governor once again vetoed the bill, but this time the legislature successfully overrode it.
In February, the Wisconsin Senate and Assembly passed Senate Bill 405, which would have allowed lawsuits to be filed before a minor turns 33. Gov. Tony Evers vetoed it on March 31.
—Darlene McCormack Sanchez; Stacy Robinson
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