Legal Question in Legal Ethics in Utah

Can my attorney do this, what do I do now?????

I went to a doctor 2 years ago for an infection in the skin around my toe. The doctor said it was an ingrown nail and it needed to be removed. He removed half of the nail on my big toe and the infect area. He applied Phenol. After, my toe never healed and I ended up with gangrene and lost the part of the toe he had treated. I ended up in the emergency room a few months after this because of the pain in my toe. After a week of tests. My doctor found a blockage in my abdominal aorta. To make a long story short, the doctor that did the procedure on my toe had misdiagnosed me, the infection was from the decreased blood flow to my legs, not an ingrown nail. I also later found out that he had burned me with phenol. Anyway, I got an attorney to take my case, he asked for a settlement of $75,000. The doctors attorney replied stating that it was my use of drugs and smoking cigarettes, that caused my toe to fall off and not the procedure that the doctor preformed.

Last week I recieved a letter from my attorney telling me that they had rejected our offer and that if I wanted to take this to court I would have to find another attorney and the statute of limitations is up on March 20, 2002.

Can my attorney do that?

What do I do now?


Asked on 2/22/02, 2:09 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Can my attorney do this, what do I do now?????

Your (former) attorney acted on the edge as far as his ethics, but your greater concern should be to protect your rights. You must have a lawsuit filed by March 20 to preserve your right to a recovery. There are not enough facts in your question to make a determination of whether you will be successful. However, your case looks promising. You will have to prove that the Dr is 51% of the cause of your injuries. I can get it filed by March 20. Please call for a free - no obligatin - consultation. (801) 876-4422

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Answered on 2/22/02, 10:21 pm


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