Do I have a case if I feel that I have been wronged both by the drug company and doctors?

Yes, if you can find an expert who will testify that the doctors? treatment fell below the standard of care in the community. I don't see from the facts how the drug company did anything wrong.

No. However you do have a case if you have medical experts who agree that you were wronged. Since you are not a professional (doctor, pharmacologist, etc.) your opinion only gets you into a lawyer's office. What gets you into a courtroom is a battery of experts who will testify that someone screwed up.

First, obtain your medical records from your doctor and from the hospital. Second, have those records reviewed by a medical expert. If he opines that there was negligence in failing to diagnose the pancreatitis and that had it been timely diagnosed your pancreas could have been saved, then you have a case.

Answer: A bad result and a misdiagnosis doesn't necessarily always equate to medical malpractice. It's a lot more complicated than you'd think. A thorough review of the records and expert opinions are all needed. On a Q&A site like this one it's difficult to know whether or not someone committed actionable negligence. See a lawyer is about all I can say.

Yes, you seem to have a good case with a large amount of pain and suffering and lost wages. I do not see the connection to the drug company for the medication unless it caused the pancreatic. You should speak to several plaintiff's medical malpractice firms, as it will be costly to bring the suit. Do not delay as there is a one year statute of limitations.

You should consult an attorney.

There are side effects to every drug. Unless you have some lab expert to testify against the drug company you don't have much chance there. As far as the delay in diagnosis, you may have a case. you may not. it may not have been possible to properly diagnose the case earlier. what you need to do is find a doctor who will review all of your medical chart (yes, all, from start to finish about the pancreas) and tell you whether you have a case of malpractice or not. it will likely cost you a couple of thousand dollars to get thru this point. if the doctor says yes and if he will agree to testify for you then you can go forward with a malpractice claim. It is all uphill and you will need the best malpractice lawyer you can find. Good luck and best wishes on your treatment. Sorry for your pain.you have to remember that just because you have a bad situation it is not necessarily someone else fault. Fault is hard to prove in the medical field. There is a lot of judgment involved and a lot of maybe so maybe not.

We have failure to diagnose pancreatitis. Depending on what tests they ran and what those tests showed, this may be medical malpractice. it's worth talking to a med mal lawyer about this.

How are the drug companies involved? Did you go back to the hospital any time in the 6 months before the finally agreed on the condition?

You may. Most people who have a bad medical outcome and ask me if they have a case, I am very skeptical about the possibility that they have a case. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence caused some harm. This also is a medical question (for example, in our case, would earlier treatment have made a difference?) 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case. Your situation seems to be worth looking into. You need to find a Medical Malpractice attorney to send your records to a doctor to get an opinion as to whether the Hospital Doctor's treatment fell below the appropriate standard of care, and whether a better diagnosis would have made a difference. The attorney could also look into whether the medicine was unreasonably dangerous of had inadequate warnings.

You will have to prove that the pancreatitis was caused by the medicine and that it caused you serious injuries. To do that, you will need a Dr. willing to testify to that under oath.

You MAY have a case for failure to diagnose against the hospital. I do not have enough information to determine if there is a causal link that can be proven between the medication and pancreatitis. The problem will likely be whether you can prove that the earlier intervention by the hospital would have prevented the eventual results that you are now suffering. It needs careful and PROMPT analysis. Do not delay. Talk to a medical malpractice lawyer as soon as possible.

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough. You will need to get copies of ALL of your medical records and have a doctor review them; if he/she is willing to testify that the hospital failed to conform to accepted practice, then you have a case. But even then, you have to prove how much worse you are as a result of the malpractice. These cases are difficult and expensive to prove and they do not settle out of court. So unless you have catastrophic injuries, it does not make financial sense to go forward even if malpractice was committed. As far as the drug company liability is concerned, you have to prove that it was "defective", that taking the drug gave you the pancreatitis and that the drug company knew of this likelihood and failed to warn you or give your doctor adequate information to know that the drug was contra-indicated in your situation.