Shalom
What is the halachic approach to a Jewish attorney who was treated in the form of an ultrasound sound scan by a Jewish radiologist being approached by a gentile being an insured member of a legal insurance company of which the Jewish attorney is a panel member to institute legal action for medical malpractice for misdiagnosis of a fracture against the very same Jewish radiologist who treated the gentile’s attorney in his personal capacity and/or against the firm to whom which he belongs which may comprise of only Jewish radiologists or the firm may have non-Jewish radiologists belonging to it.
The reasoning behind the question above is the scenario where Moshe’s brother Aharon started the plagues against the water via the river and and against the dust of the earth because both the water and the dust saved Moshe .
Tizke lemitzvot.
Answer:
This is a moral question rather than a strictly halachic issue (leaving aside the general issue of legal action against a Jew), and the answer depends somewhat on personal circumstances and feelings.
If you feel a debt of gratitude towards the radiologist, to a degree that being involved in the lawsuit will be considered an act of ingratitude, it might be considered wrong to participate.
However, it is possible that in spite of the gratitude owed, participation in the lawsuit will not be “ungrateful,” because there is nothing personal in the matter of filing the suit, and it is your responsibility as a panel member to be part of it.
The action of Moshe teaches us the degree to which gratitude must be taken seriously, but it does not bind us as a halachic norm, and therefore the final decision must be based on your personal feelings and the particular circumstances of the case. There might, indeed, be a difference between filing a suit against the person himself, and doing so against his firm.
Best wishes and hope you come to the right decision.
