causes of post operative port site hernia

My wife underwent laparoscopic appendectomy on July9,2011 and stitches were removed on July 16, 2011. Soon after, it was noticed that the scar as the area below the navel was tough and swollen and painful. Constipation was also there. The doctor prescribed antacids and laxatives also use of abdominal belt. After about one and half a month, when the swelling was still there, we consulted the surgeon again on August 31, 2011. Surprisingly, he said that the symptom was that of hernia and that it was resulted by non-use of abdominal belt. He did not note any of the complications/complaints of the patient on the prescription. Having doubt at what he said, we consulted some other surgeon in a government hospital where we were told that the hernia was resulted by un-skillfulness of the surgeon who performed the appendectomy. Surgery was prescribed. We also sought the opinion of some other doctors verbally and they were also of the same view. When we told the surgeon about all this, he changed his statement that the patient did not follow his advice of not doing heavy work, weight lifting and forward bending. But the fact is that the patient was totally in bed rest for two months. Hence, this statement/reason also is not acceptable. In fact, I am surprised at how the surgeon deviated from his earlier statement.

Under the circumstances, I unable to decide what to do. Should I go to the court or else, what should I do? Please help.