The Navy Hospital I had my tubal ligation done at immediately following my last child's birth screwed up and nearly cost me my life. The Navy doctor that ultimately saved my life even admitted there was negligence in my care. I talked to various lawyers about suing and they all told me that because I am not "permanently damaged" (and am still alive) I don't have a good enough case. So apparently days of excruciating and unnecessary pain while I was slowly dying and weeks of extra recovery time is not good grounds for a suit. Had I died, however, my husband could have sued on my behalf. That's comforting to know.
So would I sue for a pube? Ummmm...no. :P
Medical malpractice are the most expensive cases to try. The lawyer has to put up money for expert witness testimony, which gets very expensive very quickly. Enormous emounts of records must be sifted, through, obtained, formatted, submitted, etc. etc. This is a huge expense. The prosecution is liable for all costs associated with discovery. The defense has the money to hold out and appeal and appeal and delay, plaintiff attorneys usually don't. I suspect that it wasn't that your suit did not have enough merit, it was that you didn't have sufficient finances to try it. That's a sad fact of life. A pube in your soup, however? Most corporations will settle that out of court before it ever sees the light of day. They don't want the cost of a trial, and they don't want the publicity. Sad to say, the pube is a much easier and cheaper suit to win than your med mal case would have been.
