Transgender Patient Sues NYC Hospital Over Alleged Medical Record Change Lasting Nearly 3 Years

New York, NY – A transgender woman, Jennifer Capasso, has filed a discrimination lawsuit against Memorial Sloan Kettering Cancer Center, alleging that hospital staff made derogatory comments about her gender identity and unilaterally altered her medical records during a 2022 lung tumor removal surgery. The lawsuit stems from an audio recording Capasso surreptitiously made during the procedure, capturing staff remarks while she was under anesthesia. The incident, initially highlighted on social media, claims the patient's sex designation was changed to male and remained so for nearly three years.

According to court documents and reports, Capasso, 42, placed her phone in a bag that accompanied her into the operating room and began recording before the anesthesia took effect. The recording allegedly captured hospital personnel discussing her anatomy, with one staff member reportedly stating she "still has man parts." Other comments questioned transgender identity and suggested her medical records be changed from female to male.

The lawsuit claims that Capasso’s sex designation in her medical records was subsequently changed to male without her consent, despite her having transitioned in 2015 and undergone feminizing surgeries. This change allegedly impacted her interactions with staff, who sometimes referred to her as "sir" due to the updated records. The hospital's electronic medical record system was updated in January 2025, at which point Capasso's records were reportedly changed back to female.

Memorial Sloan Kettering has denied allegations of discrimination, stating in court papers that their records accurately reflect Capasso's sex assigned at birth, which they argue is relevant for medical care. The hospital also contended that the secret recording invaded staff privacy, as they had a reasonable expectation that their discussion would not be overheard. Lawyers for the hospital described the recording as "largely inaudible," making it difficult to ascertain speakers or full context.

New York operates under a "one-party consent" law for recordings, meaning a person can legally record a conversation if they are a party to it. However, legal experts note that the expectation of privacy in a medical setting can complicate such matters. Capasso stated her motivation for recording was curiosity about her surgery, not to catch staff speaking disrespectfully.

Despite the ongoing litigation, Capasso continues to receive treatment at Memorial Sloan Kettering, acknowledging its reputation as a leading cancer center. The hospital's official website outlines its commitment to providing compassionate care for transgender patients, including asking for gender identity, sex assigned at birth, pronouns, and chosen name on forms, and maintaining an LGBTQI+ Cancer Care Program.