Is the doctor responsible for the hernia caused by the hysterectomy

I just had a hysterectomy and one of the insertion point had a bulging spot which turned out to be a hernia. I had to have another operation by a surgeon to repair the hernia 5 weeks after the first operation. My question is that is the doctor responsible and could I recover at least the cost for the second operation. I understand I had signed some paper which says the operation might course complication. Obviously, the hernia was caused by the lack of experience of negligence of the doctor during first operation; either she did not close the insertion or poked two insertion points since the hernia seemed a few inches above the insertion point. I plan to seek legal advice to see if the doctor should be responsible. By common sense, any person providing a service can't just say sorry I broke this thing and you can go and have someone else fix it and pay by yourself. Anyone had the same experience?

An incisional hernia is a risk of any type of abdominal incision and does not occur as the result of negligence or lack of skill on the part of the surgeon.

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Thank you for the information. I am not trying to gather people to sue the doctor. We actually like the doctor.

Sorry to hear that happened to you, continued healing! But no doctor can prevent any/all complications as outlined in most consents, also you may have had the hernia all the while, and the surgery may have exacerbated it. My initial ct scan showed a mild umbilical hernia, however that was not repaired nor made worse by my TAH. I was worried and still am monitoring any signs of abd protrusion, but it wouldn't be the surgeon's fault either way. Peace...M.

I had a hematoma develop after surgery before I had my tah/bso. I had to have the incision reopened, it was a long process. I do not think the doctor was irresponsible. There is just no telling how one's body is going to react after surgery. Some have no complications, others have many.

My Doc. thought it was possible for one of my incision sites to herniate. It was the site that everything was taken out of. Instead of just glueing it up, he meshed, stitched and glued it to prevent this very thing from happening.