I'm sorry to hear about this. Medical Malpractice cases are very difficult to prove and to win. In order to have a successful Med Mal suit, you need to have significant damages caused by a lack or breach in the standard of care by a health care professional. Most states make it very difficult to file a Med Mal suit. Most states require that you have an expert witness (usually another doctor) who is already hired and prepared to testify on your behalf that the health care professional caused your damages by his or her breach in the standard of care. Experts can be difficult to find and are often quite expensive. In addition, the general costs of litigation are high. For this and many other reasons, your damages must be very high. Unfortunately, I do not believe that undue stress and anguish will be enough for Med Mal lawsuit. However, if you feel the damage was significant, you should consult a local attorney in your area who practices Medical Malpractice. They will be able to help you better understand your local and state requirements. Best of luck!
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this response.
Answered on May 28th, 2013 at 9:52 AM