Is is medical malpractice if you have to have hernia surgery 3times for the same hernia?

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Is is medical malpractice if you have to have hernia surgery 3times for the same hernia?

I had surgery on my hernia initially a long time ago and then in 04/09 I had surgery again on the same hernia(s). I thought everything would be okay this time as no patch was used and the surgeon told me that there was enough skin to stitch the hernia shut. According to what I was told by the surgeon he was not able to do the surgery laproscopically because he was pushing on what he originally thought was fat tissue, but in fact it was my intestines. He took extra time checking for damage he said. In 04/10 I had surgery again on this hernia(s) and have a 6X8 patch. Now it seems its back.

Asked on November 9, 2010 under Malpractice Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is whether or not the doctor (or medical team, hospital, clinic, etc.) did anything wrong. If they were careless; if they were  not trained properly; if they did not follow accepted medical procedure or provide care that met acceptable standards, then they might be liable. On the other hand, if they did everything right and within acceptable standards, and you've just had bad luck--there is no guarantee with medical procedures--then there would be no liabilty. A bad outcome does not automatically mean malpractice. You should speak with an experienced medical malpracitce attorney if you believe the care or procedure was substandard; the attorney can help you evaluate if you may in fact have a case. Good luck.


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