What you describe is not a medical malpractice claim since there was no injury caused you by the doctor. What you are talking about is technically a "breach of contract" action - you did not get what you paid for and what was represented that you would get for the fee you were charged. To "win" this case, you would realistically need an "expert", that being another plastic surgeon, to attest to the failure of the first procedure to give you what you paid for. Depending on how much money is involved, it probably isn't worth the time, expense or effort .
It is impossible to assess your chance of winning. What is more likely is that the costs to pursue the matter will exceed the maximum you can recover if you are successful in Small Claims Court.
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