[jerlam]

Isn't this what malpractice is?

[ThrowawayTestr]

It's only malpractice when there's negligence. If other doctors agree that they could have made the same mistake, it's not malpractice.

[lkbm]

You also don't sue for malpractice unless something goes catastrophically wrong. I've had doctors make ludicrously bad diagnoses, and while it sucked until I found a competent doctor and got proper treatment, it wasn't something I was going to go to court over.