Togstad v. Vesely, Otto, Miller & Keefe
Minnesota Supreme Court
291 N.W.2d 686 (1980)
Relevant factsFree
Attorney Miller (defendant) told Joan Togstad (plaintiff) there was no legal claim to pursue for her husband's hospital paralysis without reviewing hospital records, consulting a medical malpractice expert, advising her to seek a second opinion, or mentioning the two-year statute of limitations; she relied on his advice, and by the time she consulted another attorney a year later, the limitations period had expired.
IssueFree
Whether a lawyer speaking with a potential client regarding a medical-malpractice case must, at minimum, request medical authorizations from the client to review hospital records and consult with an expert in the field.