my doctor failed to perform a complete surgical procedure because he got distracted.

I give him points for being honest, but I would have reservations about going back to a doctor who subjected me to additional surgeries because he forgot what the plan for the operation was. Obviously, that is not legal advice, it's a personal decision that you should make for yourself.  Clearly the surgeon was negligent. For me, a second surgery alone would not serve as an adequate basis to file a medical malpractice case. If you have additional problems as a result of the delay or the second surgery, I might conclude that you have a financially viable case, it depends on the outcome. Appreciate that different attorneys have different standards about whether a case is financially viable, and someone may decide that making you go through a second surgery that should have been avoided is enough to warrant filing a lawsuit. The articles below spell out the issue of financial viability in more detail.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This article discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.