Actually you're living in a dream world if you think you can sue the doctor for malicious reporting. all he has to do is say he made the report in good faith. The only time they would even consider it to be malacious reporting is, say, a divorce/custody battle where one parent had totally fabricated charges just to tip the scales in their favor. Even then its hard to prove and expensive. You'll soon find lawyers don't work for free.
I had a thread a few weeks ago about CPS showing up at my door with a charge of my ds being physically abused. I got some nasty flames on that thread and it was closed down. Basically the CPS were good guys out there to avenge children who had been done wrong, and I should welcome them with open arms if I hadn't "done anything wrong". Before they came to my door, they had even gone to school and interviewed dd, asking her all sorts of horrible questions, like "do mommy & daddy drink smoke, use drugs?" Do you know where your privates are? Point to them" What type of questions are that for a 9 year old girl?" The whole thing was a nightmare, still in progress. BTW, no one will talk with us. I attempted to discuss it with the school principal and she cold-shouldered me, refused to even give me the time of day, then said she couldn't discuss the case due to "confidentiality". Well, what about what they did with my daughter? She couldn't/wouldn't even acknowledge that she was aware that it happened--come on! She's the principal, she knows what's going on in her own school!
Basically, with CPS you have no rights. They can ask anything, and they can and do twist things around. Examples:
Response:I I had inflicted abuse on my child, I certainly wouldn't have taken him to two doctors.
Translation: Mother admits she wouldn't seek medical care in cases of abuse
Response:I wouldn't send my child to school if we had anything to hide
Translation: Mother admits she would keep child away from school due to abuse
'Well, you get the idea. Insofar as our own case, its still unresolved. We had an appointment to meet wirh CPS, they cancelled at the last minute citing "family emergency". Never called back. We're dealing through an attorney, his advice is to let them make the next move. The longer they take, the less validity any complaint has. But it puts us in limbo hell, while we have so much else on our plate--dh is laid off, job hunting, he actually cancelled a job interview for the CPS interview. Not to mention the attorney fees $2500 just as a retainer, at a time when we're trying to squeak by on savings and unemployment. Well, we just put it on a credit card. Don't mention any type of financial difficulities to CPS, either. They won't "feel sorry for you". It will get twisted around that you're under financial stress and not providing adequately for your child. Try proving otherwise--then you can have a stream of sw's trolling through your financial records, etc.
Never mention to those people the stress this is putting you through, either. Then you're a "family at risk" under stress, dysfunctional (although you were doing just fine until they were thrown at you!), the you all get to go to counseling! Of course, if you refuse, then you're not compliant. Oh, of course, you get to pay for said counseling!
BTW, did you pay for that doctor? Bet you did, and you have absolutely no recourse--he provided professional services.
Good luck to you, hang in there, get a lawyer and follow his advice, and start educating yourself about CPS, just google them, trust me, its not easy reading.