Just to illicit some responses, here is a circumstance:
John goes to the hospital ER complaining of chest pains in December. They say they find nothing wrong and send him home. In Feb, he returns for the same reason and breathing is labored. The ER doc says he can nothing wrong, so maybe it is stress because John has been out of work. March comes and the same thing happens, but this time doc says "acid reflux" writes out a script and sends John home again.
April comes and John is brought in by ambulance. He is going through an MI, a heart attack.
A couple weeks go by and John is released following a stent placement. Four days later, John is back in ER. Another diagnosis of "acid reflux" another script and home again.
In June, he is back. This time it is found he has had another heart attack. Another stent and a week in recovery.
His cardio gives him Vioxx to help deal with pains he is having.
By this time, it is found this drug also may be causing some trouble for other people. The cardio keeps giving it, though, insisting it is safe.
Now, John is pernamently disabled. Is it because improper treatment to begin with? Does Vioxx have any fault? What is John's recourse?