A New York cancer patient says her medical team mocked her gender identity during surgery—and she has a recording to prove it.

Jennifer Capasso, 42, who is transgender, filed a discrimination lawsuit in New York Supreme Court in March. She alleges Memorial Sloan Kettering Cancer Center misgendered her, altered her chart from female to male without consent, and ridiculed her while she was under anesthesia.

Capasso was diagnosed with stage-four rectal cancer in 2020. She began her transition in 2015 and pursued facial feminization procedures in 2021. After a recurrence, she underwent lung surgery on March 7, 2022. Before the operation, she placed her phone in her handbag to capture the procedure’s audio.

According to the complaint, the recording captured staff questioning her identity, describing her with male terms, and discussing whether her records should list her as male. She says her chart was changed after the operation and stayed that way until January 2025.

Her suit cites New York City and State human rights laws, including the LGBTQ Health Care Bill of Rights. These require hospitals to respect a patient’s gender identity and use their stated name and pronouns.

MSK denies wrongdoing. In court papers, the hospital says the recording intruded on staff privacy and is largely inaudible, making speakers and context unclear. It also denies changing her sex designation or misgendering her.

Capasso continues treatment at MSK despite her claims. She says the nationally regarded center offers the best chance for her health, even as the legal fight moves forward.