Often having his concerns taken seriously is all the client really needs in the first place. Perhaps the doctor just didn't take the time to make the patient feel like a human being. Once the client feels that their concerns have been respected, they are usually ready to move on with their lives free of the legal system. Attorneys who file medical malpractice lawsuits without thoroughly investigating them first do everyone a disservice. A medical malpractice lawsuit should only be filed after the records are obtained and reviewed by an expert.
Some attorneys hope to harass the doctor into a settlement simply by filing the suit.
While this might work sometimes with ordinary injury lawsuits, in medical malpractice cases it usually leads to a huge, lengthy, and bitter legal battle with the doctor, her insurance company, and her lawyer. This lawyer may end up scrambling at the last minute to find a doctor who will support his case. The lawyer or client will spend a great deal of time, money, and emotional energy trying to prove a case that possibly should not have been filed in the first place. The client loses, the lawyer loses, the doctor loses, the doctor's insurance company loses, and society loses. It is simply not worth pursuing smaller claims even if ultimately a jury might find that the doctor committed malpractice.