Texas Supreme Court Extends Time Limit for Detransitioner Malpractice Claims

The Texas Supreme Court ruled Friday that the statute of limitations for malpractice claims by detransitioners begins when the patient can ascertain the injury rather than at the start of treatment. The unanimous decision revived a lawsuit filed by Soren Aldaco, who underwent a double mastectomy at age 17 after receiving a recommendation letter from a therapist.

Aldaco alleged ongoing medical complications and claimed the therapist failed to withdraw the recommendation despite evidence of abuse and mental health issues.

Lower courts had dismissed the suit, holding that the two-year limitations period started when the recommendation letter was written in February 2021. The court distinguished the case from prior rulings involving single, identifiable acts of negligence during medical care.

The ruling has drawn attention from Texas lawmakers considering changes to statutes governing claims related to gender-transition procedures performed on minors. One proposed measure would extend the filing deadline to a patient's 25th birthday for procedures done while the patient was a minor.

The bill would not apply retroactively and would cover only minors, leaving adults under existing time limits. Aldaco previously supported a separate law, signed in 2025, that requires insurers covering gender-transition care to also cover detransition procedures.

The Free Press reported on another detransitioner, Claire Abernathy, who underwent a double mastectomy at age 14 after eight months of testosterone treatment. Abernathy said she did not connect her experience to potential malpractice until several years into detransition. She stated she wants public trials to examine clinic practices but cannot pursue legal action under current law.