The Texas Supreme Court has revived a medical malpractice lawsuit filed by Soren Aldaco, a detransitioner who underwent gender transition surgeries as a minor. In a June 26 ruling, the court determined that Aldaco's claims against her former therapist and counseling group were not filed too late, reversing a lower court's decision that had dismissed the case as "time-barred" under state statute of limitations laws.
The ruling clarifies when the two-year statute of limitations begins for medical malpractice claims in Texas, a crucial point in cases involving gender-affirming care where the timeline of harm and discovery can be complex. The Texas Supreme Court concluded that the statute of limitations begins when the injury occurs, not necessarily when a provider makes a recommendation that precedes the injury.
Aldaco stated that the ruling was a "huge" win, asserting that it "sets precedent that in this unique area of law, providers can't skirt accountability by playing with the dates and the statute of limitations." Her case against the counseling group centers on a letter written in February 2021 by her therapist recommending Aldaco for a double mastectomy. Aldaco filed her lawsuit more than two years after the letter was issued, prompting the lower court to deem it untimely.
However, the Texas Supreme Court's unanimous opinion, authored by Justice James Sullivan, disagreed. "We disagree" with the lower court's finding that the clock began ticking on the date the recommendation letter was provided, the opinion stated.
The legal battle now returns to lower courts for further proceedings. The attorneys for the physicians who performed Aldaco's double mastectomy indicated that their clients were parties to a separate appeal and that Aldaco's claims against them were dismissed on unrelated grounds.
Aldaco expressed her intention to seek justice against providers she alleges took advantage of her vulnerable mental state. She believes this decision will encourage healthcare providers to "think twice" and "dig deeper" into patient experiences before recommending invasive medical interventions, particularly in cases with unique developmental factors.
Following the ruling, Aldaco announced plans to advocate for legislative changes. She intends to support efforts in the upcoming 90th Texas legislative session to pass comprehensive legislation that would extend the statute of limitations for individuals who have experienced similar harm. Texas State Rep. Shelby Slawson has indicated plans to refile bills aimed at extending the statute of limitations for injured Texans, expressing gratitude for colleagues who support the initiative.
Aldaco's journey into gender transition began at age 11, influenced by online communities where she experienced sexual grooming. She alleges that a psychiatrist pressured her to identify as transgender during a psychiatric episode, an identity she initially viewed as a role-play. Her therapist, she claims, fast-tracked her transition by drafting a recommendation letter that included a falsehood about her living as male for 12 months, a milestone she had not reached.
Aldaco hopes her case will encourage others in similar situations to seek justice and has called for more individuals to share their stories to ensure they are seen and recognized.