Ok guys, a bit more info from me...
The toe was never inflamed, I've had it quite often so I knew it was starting to happen and beyond self repair so then I went to the doctor.
If you looked at the toe from a distance it looked not too bad, but more upclose you could clearly see one side was growing in and the other side was perfectly fine.
IMO that's even a bigger reason to be extra vigilant and check the toe before the procedure and if still in doubt, just ask me... not just randomly pick a side like it seems was done to me.
I won't be suing of course, why would I do that, I've got better things to do than waste everyone's time. I'm obviously not happy but it's not that big of a deal, I'll get over it