Hello again. Thank you for your patience.
You can certainly sue the doctor. The issue is whether you have a reasonable chance of winning. In order to win a lawsuit for negligence, you must prove:
- That the doctor owed you a duty of care;
- That the doctor breached the duty;
- That you suffered an injury; and
- That the injury was caused by the breach.
If you can prove the four elements above, then you will win a lawsuit against the doctor for negligence. It would likely be fairly easy to prove (1), since a doctor always owes his patient a duty of care. It sounds like the other three elements may be more difficult to prove ... or at the least you haven't mentioned any facts here that indicates that you can prove the other three elements. Of course, I understand that I do not know all of the facts.
As for emotional distress, that claim would likely be nearly impossible under the circumstances. In order to win a lawsuit for emotional distress, you'd have to prove that the doctor's conduct was so extreme and outrageous that it is utterly intolerable in a civilized society. Moreover, you'd have to prove that your emotional distress was extreme, and that it was accompanied by physical symptoms. This isn't a common cause of action due to the high burden of proof.
In any event, my suggestion is that you visit a local attorney who can review all of the details of the situation with you in person, and then give you a good idea as to whether it is worth suing.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also,please remember to provide a positive rating via the stars(and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)