Loss of benefits due to bad eye doctor

Hello all,

In Feb 2001, I consulted an opthalmologist, Dr.
"G", to see if I qualified for laser eye
surgery. I told him I would have to wait until 2002
in order to utilize my Flexible Savings Account (FSA)
through my employer's benefits plan.

Then in Nov 2001, I visited Dr. "G" one last
time before making my benefits elections for the year
2002. He sent me for another evaluation that
consisted of a 15 minute orbscan. Upon completion, he
told me that I qualified for the surgery. Dr.
"G" was fully aware that I was making a
substantial contribution of $3200 to my FSA based on
his evaluation. His assistant then went and scheduled
me for surgery in Jan 2002.

In Jan 2002, a few weeks before surgery, I found,
through internet research, that an evaluation for
laser surgery should last at least 2 hours. This
raised red flags and I called to postpone the surgery.


In March 2002, I consulted with Dr. "M", the
director of opthalmology at a local university, who
put me through a 3 hour evaluation. After the exam, he recommended against surgery for 2
reasons. First, I had some retinal holes that
required attention of a specialist before any surgery
could be performed. And second, my eyes had not
stopped developing, which made me a bad candidate for
the surgery.

Would I be able to bring suit against Dr. "G"
for my loss of $3200 based on his irresponsible
recommendation?

I really appreciate any advice you can offer for my
situation.

Thanks,
Steve Lai