Chloe Cole Act

Legal recourse for individuals: The bill provides a private right of action that allows children or their parents to bring civil actions against medical providers in federal district court (Section 4(a)).

Financial recovery for medical correction: Through compensatory damages, individuals can seek economic damages associated with undoing, correcting, or ameliorating the effects of these procedures (Section 4(b)(1)).

Compensation for suffering: The act allows for non-economic damages to address emotional distress and pain and suffering (Section 4(b)(2)).

Protection for specific medical needs: The bill includes exclusions that allow for medically necessary procedures to treat verifiable disorders of sexual development, such as certain chromosomal conditions (Section 2(1)(B)(i)).

Medical safety net: Exceptions are made for treating infections, injuries, diseases, or structural anomalies of major organ systems (Section 2(1)(B)(ii-iii)).

Strict liability for medical providers: Health care professionals, hospitals, or clinics found to have participated in these acts are held strictly liable for damages (Section 4(c)).

Burden of proof on medical professionals: If a medical professional uses an exception as a defense, they bear the burden of proving that the exception applies by clear and convincing evidence (Section 4(c)).

Risk of litigation for medical professionals: The bill allows for punitive damages if a defendant is found to have acted maliciously, intentionally, fraudulently, or recklessly (Section 4(b)(3)).

Long-term legal exposure: The statute of limitations is extensive, allowing actions to be brought up to 25 years after an individual's eighteenth birthday (Section 6).

Ambiguity risks: The act states that any ambiguities will be resolved against the party found to have participated in the prohibited acts (Section 5(3)).