As you know anyone can attempt to sue for any reason but as far as a medical malpractice or negligent lawsuit goes, they are hard to prove.
In order for malpractice to actually take place you have to prove that the person (Doctor) had a duty to act, failure to exercise due care and that the injury or damages caused were done because that person didn't do their job to the best of their ability and level of training. Usually the burden of proof is on the patient to prove damage WAS done not on the Doctor to prove damage wasn't done, does that make sense?
If you feel that this Doctor didn't do the right tests or was grossly negligent, make sure you get all the records and test results you can (you may not be able to get any if you aren't legal guardian) - hospital, emergency room, fire department, ambulance, labs, doctors offices, whoever was involved with the care of this person.
Moderator with The Doctors Lounge Forum