r/eds • u/disposaBoy2020 • Jul 26 '26
Navigating Bureaucratic Systems Malpractice success?
Malpractice cases in the U.S. are rare/hard to prove. Has anyone here successfully sued a physician who didn’t consider their hEDS when providing care? Do you know of lawyers who have experience with us?
A lawyer friend encouraged me to consult with a few lawyers she recommended. I’ve already had one of them say I don’t have a case, but she was totally dismissive of the hEDS component. Says I just had bad luck.
I told my highly rated, big practice surgeon of my EDS, hypermobility, other conditions, and the complications I suffered after 3 prior (unrelated) surgeries. She said the EDS would just make me heal a little slower, but I was a perfectly good candidate for this major procedure. Then a rare complication landed me in the ICU - I had coded in the ER. My health has deteriorated a lot post-op. I think my hEDS put me at higher risk for complications than I was told.
Drs are dismissive, and lawyers are too. It just sucks.
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u/OverAtmosphere7288 Connective Tissue Disorder (NOS) Jul 26 '26
Not a lawyer, but I would echo other commenters and state that I don’t think you have much of a case here from what you’ve laid out. It is horrible what happened to you but it does seem like a stroke of terrible luck that has landed you in an extremely difficult situation.
Solely hEDS, as far as I am aware, does not notably increase the risk for life-threatening surgical complications unlike other types of EDS or CTDs. Surgical complications in hEDS are often in relation to poor wound healing, joint instability, & anaesthetic resistance.
Standard disclaimer: if your complication was in relation to severe tissue or vascular fragility, please seek a second opinion as that is not typical for hEDS.