You should contact a med mal attorney in your state for a review of your case. However, I don't think you have any damages from your post details, they said "could have" not "did" so your case is likely not worth pursuing because your or the baby was not harmed.
Arrange a sit down with your attorney and explain your concerns to him/her. If you still feel that your case is not being handled correctly, then get another one. However, I always encourge you first try to figure out what the problem is before making a rash decision.