The type of action that you would file is called a medical malpractice case, and you should know up front that they are difficult, expensive, and very time-consuming to prosecute. To prove that the doctor's negligence caused the miscarriage will require you to prove the doctor's conduct fell below the standard of care for his specialty. This will require expert testimony, substantially increasing the cost of your prosecution of the case. From the facts that you have given about the case, I think you have little likelihood of prevailing. Based on what you've stated, I would not take the case because I do not believe that you would succeed at trial. Keep in mind that if you did not succeed at trial, you can be subject to an award of costs against you for having sued the defendant.
Answered on Jan 17th, 2012 at 6:09 PM