If the treatment was actually negligent, or careless--that is, did not rise to the level of accepted medical treatment--then it may have been malpractice. If that is the case, then you may be able to recover your additional medical expenses (out of pocket costs) caused by it; pain and suffering, for a period of living with significant pain and/or disability; and possibly lost wages, if you can't work for a time.However, the mere fact that the post-op treatment did not work for you does *not* automatically make it malpractice: if a reasonably physician would have made that same determination and offered the same treatment, then the fact that it had a bad outcome does not result in liability. Doctors are only liable to the extent their advice was unreasonable, careless, sloppy, not in keeping with current standards for care, etc.--the law accepts, however, that sometimes even the best medical care does not work out.As a lay person, you are probably not in a good position to determine if this may have been malpractice or not. You should consult with a medical malpractice attorney (many of  whom offer a free initial consultation; you should verify this before coming into the office), who can advise you as to whether you may have a case, what it may be worth, how strong it is, and also the cost to pursue the case.