I'm a lawyer and have sued doctors for malpractice. Before bringing such a lawsuit, the lawyer hires an expert witness, another doctor, who testifies there is malpractice. Then, you are facing a deep-pocket insurance defense law firm. Med mal cases are costly and in some states, the damages are limited. No med mal lawyer worth their salt would bring a case unless there was clear malpractice.
Most med mal cases are failure to diagnose. That is, the doctor fails to find out what is wrong with you, and you are harmed as a result. If the doctor runs a battery of tests, however, they can properly diagnose the disease and not harm the patient. For a nominal fee, the doctor can save someone's life. This may be bad for the system as a whole, but it is good for the individual patient.
