Since our firm specializes in medical malpractice, I suppose the expected answer here is: yes, of course, you should sue your doctor but that would be wrong. The right answer is: it depends.
Here are some factors to take into account when considering whether or not to sue a doctor:
The first question is whether the doctor broke the rules of his or her profession. A positive answer doesn’t automatically mean you should sue him or her, but without it the lawsuit is frivolous. To answer this question you will, of course, need a law firm’s help. One with extensive experience in medical cases. One that has lawyers who are also doctors. One like us.
The second factor is level of injury. Any injury from medical negligence is serious stuff, yet even with clear negligence there may not be enough injury to justify a lawsuit. The reason is cost. Medical cases are very expensive. For example, it usually costs well over $150,000.00 to bring a medical case to trial. To justify investing this much there must be substantial injury. Each case is different so don’t ever hesitate to call us to discuss, but just know that although your injury is real and substantial to you, it still may not be enough to justify suing a doctor.
Whether it is wrong to sue your doctor according to your beliefs is obviously an issue no attorney can answer for you, but it doesn’t mean we don’t have things to say on the topic. (What’s new about that, huh?) What we’ve noticed is that the subject of accountability is often ignored. This is surprising because at least in the Judeo-Christian worldview the call to accountability (justice) is clear: What does the LORD require of you? To act justly and to love mercy and to walk humbly with your God.” Micah 6:8 .
Ultimately, the choice between justice or mercy is an intensely personal one between you, God, and your family, but when making this choice keep in mind that doctors buy liability insurance precisely because they recognize they may one day be negligent, hurt someone, and be accountable. Accountability also motivates the medical community to change bad habits and provides you, the family, with compensation to help take care of those hurt by the doctor.
This latter point is no small matter. If the doctor’s insurance is not used to help those injured by the doctor’s negligence, someone else’s money will: yours, the family’s, or in catastrophic injury cases (brain or spine injuries), the taxpayers through public aid and similar assistance. In rare exceptions, neither of these two latter options can possibly provide the quality of care that damages in a lawsuit provide.