Do I Have a case against Dr for failed surgery 2013 and if I do will it affect an on going PI case from an auto accident in 2010

I had a mva in Sep. 2010 that caused a neck injury I went back to work. I had a cervical fusion in May 2013 at three levels I am worse after surgery. At 7 weeks after surgery I ask Dr if I could be released to return to work, after discusing it I took an x-ray (the only x-ray after surgery) and he say's he see's no problem with it the surgery was a success! So I returned to work seen surgeon for 9 more months complaining every month that I was no better but getting worse it was repeated the surgery was a success and then said he couldn't help me and sent me to pain mgt. After and year with him finally got a mri and found a failed fusion. I returned to surgeon he looks at mri and says he sees nothing wrong I point it out he takes another look have xray i see it he doesnt i have cat sc CT confirms non fusion at lower level screws loose and movement the one above is only half fused and above that is fused.That explains alot of the pain that cost me a 14 year job because of meds. Dr suggest another surgery but now wants to go through the back of neck instead of front. I am not returning to him! My lawyer says no and puts me off he doesn't want it affecting the current case. Not to sure about him but hate to change lawyers after 4 years.