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Professional Responsibility Keyed to Martyn
Togstad v. Vesely, Otto, Miller & Keefe
Citation:
291 N.W.2d 686 (Minn. 1980)Facts
John Togstad suffered paralysis after his doctors failed to adequately treat an aneurism on one of his arteries. His wife Joan Togstad (Plaintiff) consulted with the Defendants to sue the doctors for medical malpractice. Following their first consultation, Miller told Togstad that he did not think she had a case, but would speak to his partner nevertheless. Then, Miller never called back. After Minnesota’s two-year statute of limitations on medical malpractice had expired, Togstad brought a legal malpractice action against Defendants for giving her the wrong advice and not advising them of the two-year statute. A jury found Miller to be negligent and awarded Togstad damages. However, Togstad had not formally retained Miller as her attorney at the time of the malpractice lawsuit.
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