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

UPDATED: Nov 9, 2010

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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