Tennessee  |  Legal Malpractice

Legal Question

Asked on: 10/12/05, 3:05 pm

denied claim due to attorney error

I have been part of the Dow Corning lawsuit since 1989 and have had the same law firm the whole time (represented by a junior partner). After talking to my attorney several times about it, I had the implants replaced on 4/20/04. Now I have been denied my explant claim of $5000 becuase I did not use saline implants as replacements. (The surgeon used the newer silicone implants that have a thicker ''skin'' and are less likely to rupture.) I swear I didn't know it mattered! The attorney knew I was having surgery, but never told me that there were stipulations. I found out later from the Settlement Facility that this information was sent out a full year and two months before my surgery, but because I had a lawyer, it went to him instead of me. When I called the attorney, he said it was all just a mistake and he knew of a loophole. Now, he won't even call me back. I have detailed notes of every conversation I have had with anyone about this, but no one here (Memphis) wants to touch it. Should I send a letter of complaint to his senior partners? Make a formal complaint with the state? Sue him in small claims court? HELP! Please have pity! I am a complete mess over this...

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