The Texas Supreme Court has rule the statute of limitations has not run out on a lawsuit against the therapist who recommended a woman wanting to transition her gender remove her breasts.
In 2023, Soren Aldaco sued the providers who made her double mastectomy possible, including therapist Barbara Wood and her employer, Thriveworks.
After struggling with her gender identity throughout her teenage years, Aldaco contacted the Crane Clinic to schedule a double mastectomy and was advised that to move forward she’d need a letter from a practitioner recommending her for the surgery, according to the high court’s opinion.
Aldaco sought the letter from Wood, a therapist with whom she’d been having telehealth sessions to talk about relationship issues.
On February 22, 2021, Wood signed the letter endorsing the surgery, and on June 11, 2021, Aldaco underwent a double mastectomy at the Crane Clinic.
“But the surgery Aldaco had hoped would solve her problems only made them worse,” the opinion states. “She experienced post-surgical complications that required emergency medical care. Research and self-reflection ultimately led her to regret the life-changing and body-altering procedure she’d once embraced.”
In her suit, Aldaco claimed that Wood committed negligence and fraud during her therapy, and that her decision to sign the letter was “a severe departure from any recognized standard of care.”
She alleged that the letter misrepresented the extent to which Wood had treated Aldaco for gender dysphoria.
Court records show Wood and Thriveworks sought summary judgment under the Texas Medical Liability’s Act’s two-year statute of limitations, which was granted by a trial court and affirmed on appeal.
The high court found that Aldaco couldn’t ascertain any bodily injury until after completion of her psychotherapy treatment with Wood, which concluded on May 14, 2021.
“By giving presuit notice within two years of Wood’s completion of treatment, therefore, Aldaco satisfied the statute of limitations,” the opinion states. “Aldaco’s claims against Wood are not time-barred under (the TMLA).
“Accordingly, we reverse the judgment of the court of appeals and remand to the district court for further proceedings.”
Case No. 24-1069
