Malpractice

I don't know if you received my clarified question after the Rabbi responded to me and asked me what my halachic question is so I am sending it again. I want to sue the doctor for the immediate and long term damage to my son's finger that he caused due to his negligence and because he performed the wrong surgery. For not doing anything about the tumor. He did not say it was there, he did not address it, he did not say it was a concern, he did not make me aware of it and did not say to check it out. He saw the report before the surgery. He saw the tumor with his eyes during the surgery. He performed a surgery for something minor that he misdiagnosed and wasn't necessary and created a much bigger problem with the use of my son's finger. It was swollen, painful, couldn't use his finger fully and has been this way since the surgery. And now the tumor is bigger, has damaged his bone further than before and hopefully is benign and needs another surgery to remove the tumor. I just need your approval to sue the doctor because I think he is Jewish. He has said everything is fine and has denied that there is anything wrong with his finger. Now we saw a hand specialist and a tumor specialist and they took an MRI to determine the size of the tumor and the damage to the bone.

Thank you for your question.

Harav Fried shelita says that one may only sue if the doctor (in a case that he is Jewish) if will not suffer any loss—for example, if his insurance will cover the payment and it will not damage his reputation.