Lets propose that there is proof of members of a profession misleading the public, in a hypothetical case.
Would a potential claimant have a hope in commencing legal proceedings at all? To begin with It would be unlikely any one individual (or group) would take an individual doctor to court over the medical and subsequent social mismanagement of ME CFS in any country.
In the UK, what a person, or group ,would have to do is sue a hospital trust responsible for where a doctor must be proven to have worked against the best interests of the patient (claimant) and where wrong-doing must be proven to have taken place with cast iron proof. Alleging and proving are of course, two entirely different things. Wit regarding medical law one will require hard proof. No lawyer/solicitor will take your case on to begin with because to build a case you must have confidence your evidence is robust and not able to be challenged.
No matter how honorable or understandable it may be for patients with ME CFS to feel discriminated against, the only realistic changes of court action is for actual patients who have directly suffered alleged harms to be taking action. Statistically this is unlikely to happen. As decades have past ME CFS sufferers (who were hospital trust patients in year xxxx) will now either be deceased or very disabled and bed ridden. (By the very nature of having an untreated neurological/immune illness over time). The exception to this rule is if they found an alternative treatment that worked or indeed, an alternative diagnosis that removed themselves from the ME CFS label.
If you could count these people on your finger able to do this, it's probably a handful at best. The people with apparent rock sold cases would by now be deceased from their untreated disease, either by natural causes or cancer, or would have regressed into intractable mental decline. This is generally, why no case has ever come to light..yet.
If for some reason some miraculous person with £50,000 burning a hole in their back pocket just happens to be a very well informed ex hospital trust patient and has a case to bring against a specific hospital trust they would usually have to demonstrate some of the below to even begin to start thinking they have a case:
1) You were harmed mentally or physically because on an individual's actions or a collective group of individuals. You must prove that since the alleged events you have developed a diagnosed mental illness, such as a personality change that you did not have prior to these events where any wrong-doing is alleged to have occurred. Or you now have a medical condition that was missed because you weren't believed at the time and no tests were given to you. e.g inflammatory damage to your organs.
2) The therapy was not appropriate /evidenced based for ME. (E.g. CBT, graded exercise is not evidence based for ME but there is some moderate evidence for fatigue syndromes of a psychiatric origin). This would only be possible for you to claim if you had evidence you had a neurological disorder at the time. For this you would have to have had tests, and you would need to have the test results in your possession. (MRI, EEG etc).
3) There was collusion between two or more parties to prevent you accessing appropriate care services whilst you were under their care. Vaguely possible to prove in my view and usually impossible. Doctors would rarely write letters with wild untrue allegations revealing what they think about you that coerce others to join this view. Doctors instead tend to meet in corridors and don't produce anything in writing that can be used against them, naturally. They are intelligent people. Medical training always teaches doctors to be polite or if critical, to be direct but simultaneously vague about statements being said about their patients. This is their get out clause. Part of the profession way of working and quite sensible too. Doctors also can speak in code and use medical euphemisms. Do you understand the jargon? Could you even proven that a double-meaning word actually is offensive or dangerous to you? Or could the person who wrote it say these words actually don't mean what you think they do. Some doctors are masters at word play. Denigrating medical euphemisms are rarely written in text also, again, usually speech that is not recorded in an archive (patient's letters).
4) There is a better alternative for the treatment you were given at the time. (E.g. Immunological drugs). Not possible to prove, again unless you had a diagnosis that was altered and for that diagnosis there was proven superior treatment. For example if you were refused gamma globulin treatment but later proved you did have immune suppression that wasn't checked for. gamma globulin treatment for 'ME CFS' wouldn't mean anything. The whole premise of a legal case such as is hypothetically proposed is to show that 'ME CFS' doesn't occur in yourself and instead you are afflicted by an un diagnosed organic disease hidden under the misdiagnosis of 'ME CFS' that was a label infused with controversy and disbelief.
5) The alleged false statements made against yourself/partner/family/friends/work colleagues in your medical records that you claim denigrated you are proven false. This is not hard to prove but takes an extensive amount of time and research. Usually years. You would need witnesses to sign a legal document to state that comments made about you/partner/family/friends are false. Otherwise it's nonfactual.
6) Evidence comes out that a group of victims ('patients') who have solid grounds for compensation because there is a theme of abuse, that is consistent with a claim, and involves the same group of medical professionals. This would be exceptionally rare, but is possible it may 'come out' one day, that a particular hospital trust, with a particular ward, with a particular group of therapists/doctors were getting up to things they shouldn't have been. If so then all of this, fundamentally, has to be proven as fact before the case can start.
Unless there was some media blitz of a malpractice or abuse (see ex TV celebrity Jimmy Saville scandal in UK children's Hospitals for a good example) then how would other ME victims know there are other people like them out there who also want to take legal action? They wouldn't know and they certainly would not discuss their cases on the internet due to privacy issues and agent provocateurs fishing for potential snippets of juicy information.
I would place a bet that this won't happen until at the very least there is an effective medication to reduced symptoms and allow people to exit their homes into the outside world and regather the energies to consider such things. That may take a long long time by which time the people alleged to be involved, will be retired or deceased themselves, meaning there never could be a 'trial'.
I would agree with others this is highly unlikely then for any doctor to be found ''guilty'', but it doesn't mean it is impossible especially if joint action is taken with novel methods of communication that are not through the internet where emails and other digital messages can be read.
What it takes, is a person (a sufferer with ME CFS) or a group of like minded people who:
1) Have sound medical and scientific knowledge.
2) Have actual evidence of apparent malpractice.
3) Can prove they have been mentally or physically harmed.
4) Have the financial stability to pursue a case that will cost at least tens/hundreds of thousands of pounds.
5) Do not attempt to start proceedings on the basis of emotions because they presume they are taking on something for the greater good. It must be a personal reason to right a wrong that is medically based not due to social movements.