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Inguinal hernia failure.

I had an inguinal hernia repair 3 weeks ago.  I have worse pain now.  My surgeon said he needs to operate again and do a second repair because the first one failed.  Is there any malpractice here?
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1340994 tn?1374193977
Oh, and to be a lawsuit, there has to be negligence.  Even a lot of mistakes don't qualify as negligence, and this might not be a mistake.  
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1340994 tn?1374193977
Are you sure that's what he said?  Sometimes with hernias, they have to place mesh and during healing you will get a bubble of fluid that is on the surface of the skin and has to be drained.  It is a normal part of healing because of the mesh, and doesn't signal that anything is wrong.  I don't know if this happens with inguinal hernias or if you had mesh, but it was a thought.  

Or did he say there was a re-tear?  

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