Is this Medical Malpractice? (Inguinal Hernia Surgery)

I post now following a new development following right-sided laparoscopic inguinal hernia surgery 5 1/2wks ago.

15yrs+ ago I had laparoscopic mesh repair on the left side inguinal hernia.

5 1/2wks ago I had laparoscopic mesh repair on the right side inguinal hernia.

I am very active, run often and cycle.

I went to a specialist clinic in Germany for this recent surgery after they advised I get the surgery ASAP (I wanted to wait until next year). Anyway, the surgery 'went well', according to the experts. 4 days after surgery I went for a routine check up involving ultrasound on both sides and he told me it looked good and I was fine. After 7days or so I was experiencing a new pain on the left side (where I was operated 15yrs+ ago). I also started to feel a dreaded slight bulge but couldn't believe it was a hernia, seeing as I was just operated on and I was assured by the surgeon that he checked that side and it was fine. However, I wanted to be extra careful so returned to the clinic and explained the pain / issue. The Dr said that the left side would have been checked as routine during surgery. He proceeded with an ultrasound again (no physical check for some reason) and told me there was no sign of a tear and it was likely post-surgery healing etc. I asked about the sensation of a small bulge, he replied, "I don't know".

This wasn't good enough for me.

I managed to find a slot at a very well known hospital for a 2nd opinion. Yesterday was the appointment (5.5wks post-surgery on right side) and I was throughly checked. Within 5mins the Dr said he wanted to take me for ultrasound. Almost instantly he spotted something and told me the dreaded news, "I think it might be a recurring hernia (left side)". He called his colleague who confirmed. I was in total disbelief. After just coming out of surgery to be told that I will need to have a recurring hernia fixed. Really upset, angry, frustrated and powerless is the best way to describe the feeling. Not only would it require surgery but they will need to open me up (non-laparoscopic) since it is recurring. Also, there is higher chance of it recurring once it's fixed since.

I have had to take time off work and it has caused a huge amount of stress and upset. A big thing for me this year was running the NYC Marathon. I have already booked flights (from Europe), hotel etc. Not that they care but I told the Dr this ahead of my surgery, that I need to be ready and he assured me I would be fine. Running is so dear to me, not only for physical but mental health too and I feel like it is being robbed from me. Not only this, but I can't believe the incompetence of the clinic, a hernia specialist. How can they miss it after 3 ultrasounds and laparoscopic surgery where they check the area?!

I am seriously thinking about filing a malpractice report so am reaching out here to see if it is worth my time.

I also just wanted to share my experience. After two mesh repairs I have a recurring hernia which will now require open surgery and God knows how many other problems.

If you have read this far, thanks, feel free to advise based on the info I have shared or let me know if you have any questions.