In January 2020, she consulted endocrinologist Dr Christopher Muir about ceasing testosterone treatment. Langadinos claims Toohey “failed to take precautions” to avoid risk of harm “in the nature of loss of her breasts, uterus, fallopian tubes and ovaries”. Loading The statement of claim alleges that, before recommending hormonal treatment and the surgeries, Toohey “knew or ought to have known” Langadinos required further psychiatric evaluation by him and by a psychiatrist with specialised expertise in diverse conditions. She alleges that he was negligent in not recommending she get an opinion from a second psychiatrist for her hysterectomy. She told The Age and The Sydney Morning Herald: “Knowing that I can’t have children is absolutely devastating.” Toohey, an experienced psychiatrist, told The Age and the Herald he was unable to comment as the case is before the courts.
Solicitor Anna Kerr, of NSW’s Feminist Legal Clinic, who referred Langadinos’ case to legal firm Slater and Gordon, believes the legal action is “likely to be the tip of the iceberg”. “We can expect to see extensive litigation in future years related to gender-affirming cross-sex hormones and surgeries,” she said. Historically, studies have suggested very low regret rates for people who transition, about 1 per cent. Now, some experts are uncertain if those studies are relevant to the much larger cohort of young people presenting with gender issues today, of which two-thirds are females in their teens. Many have existing mental health conditions. Langadinos says the consequence of Toohey’s alleged breaches of duty of care was that she “has suffered and continues to suffer from injuries and disabilities”, including masculinising and complications as a result of hormone therapy, loss of breasts, uterus and ovaries, complications from early menopause, anxiety and depression, impaired psychological functioning, an ongoing need for medical treatment and diminished capacity for employment. In an interview with The Age and the Herald, she explained the background to her gender confusion. Her complicated home life had given rise to a feeling she was somehow defective. The feeling grew in her mid-teens when she realised she was attracted to other girls. At 17, she searched for answers on the internet and “discovered transgender”.
“And because of the definition of dysphoria, I thought, ‘that’s what I have.’ I decided that I must be transgender because of my discomfort that I had in my body,” she said. Loading She had hoped transitioning would bring her greater happiness and self-assurance. Instead, each surgery plunged her further into depression. “As my unhappiness grew, I felt the cause of my unhappiness was because I was not male, so the answer was to change my body even more,” she said. “I had a breakdown, couldn’t function for an entire year. I couldn’t get out of bed. I wish at the time I knew how much I was hurting and why.”
The statement of claim alleges that after their first consultation, Toohey noted Langadinos had been distressed at primary school for having to dress as a girl, that she had a “tomboy” manner, that she had left high school at year 11 and started an apprenticeship as a chef, that she was sexually attracted to females, did not have friends, and that her parents “were not accepting of her transgender issues”. He said he was worried Langadinos “did not know how psychological factors could influence the outcome of gender transition”. He “strongly” recommended she receive therapy for “social phobia”, have regular psychological follow-ups during hormone therapy, and that family therapy would also be helpful. At her second consultation with Toohey, Langadinos came with her parents. Toohey noted afterward that his recommended treatment and family therapy had not occurred and that Langadinos told him anxiety was not a problem for her and that she did not want treatment. Her parents were supportive of her having a mastectomy, Toohey noted, though her mother agreed she needed treatment for anxiety. “Considering the situation overall and the parents’ support,” Toohey concluded, he could see “no contraindication to proceeding with bilateral mastectomy”, and Langadinos could then be encouraged to receive treatment for anxiety.