The Texas Supreme Court is considering whether a woman can sue a therapist over a double mastectomy recommendation made as part of her gender transition, raising questions about how statute of limitations should apply when alleged medical negligence and resulting harm occur at different times.
Soren Aldaco, a Fort Worth resident, alleges that various counselors and doctors recklessly pressured her into medical gender transition as a teen and were biased toward recommending hormones and surgery as treatment for gender dysphoria. Aldaco started identifying as a boy in eighth and ninth grade and was hospitalized for a manic episode in 2018, during which she alleges a Fort Worth doctor pressured her to identify as transgender. She began telehealth counseling with Barbara Wood of Three Oaks Counseling in 2020, which she said primarily focused on relationship issues with her partner rather than assessing her “gender curiosity.” Wood wrote a letter on February 22, 2021, recommending Aldaco for a double mastectomy. Aldaco sought the procedure because she disliked the way her breasts looked on her body. She underwent surgery in June 2021 at Crane Clinic in Austin when she was 19, suffering complications including blood pooling around chest wounds and severe pain.
Statute of Limitations and Legal Question
Aldaco later detransitioned, attributing her identity issues to her stressful adolescence and external influence. She sent a pre-suit notice in May 2023 and filed a medical negligence suit in July. A critical dispute centers on when the tort occurred—Wood and Three Oaks argue the limitations period began in February 2021 when the letter was provided, while Aldaco argues it began in June 2021 when the surgery occurred and she suffered damages. The Fort Worth Second Court of Appeals sided with defendants, but Aldaco contends that no tort occurred until damages resulted, arguing that being forced to sue before an injury exists would harm potential claimants.
Legal and Policy Context
Justices appeared amenable to Aldaco’s claims and skeptical that the limitations period started before she could sue. A coalition of 60 Texas House Republicans signed a statement urging the court to allow Aldaco’s claims to proceed, with lawmakers planning to advance legislation to extend the malpractice limitations period for those harmed by providers related to gender modification.
This article is an AI-assisted summary. All facts and figures are drawn from the original report: https://www.keranews.org/health-wellness/2026-02-11/texas-supreme-court-soren-aldaco-transgender-detransitioner-fort-worth-austin