More details to this question:
I was seeing a clinical therapist and I signed an authorization medical release documents for a court case. I didn't receive the documents until 15 months later. By that time, my legal case was over and I didn't have any evidence that could have help my case. And the only reason I finally received the documents is because I had to file a complaint in the state that I live in. Since she never complied with the contract that we signed and she failed to render the service she was obligated to me, as a patient, did she breach our contract?
4 ANSWERS
Ronald A. Steinberg
Probably. I would speak to a personal injury lawyer first, to determine if it is worth suing about. You would have to be able to prove 1) that the evidence would likely prove what you claim, and 2) that the witness would be "credible" as a witness in court. I do not think that this would be a good "transactional law" case; in other words, I don't think that a commercial lawyer would be the right person to handle it.
Answered on Jul 18th, 2014 at 4:43 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I would have to see the contract and your history with her to form an opinion. What are you seeking as damages? Why didn't you subpoena the records before it was too late?
Answered on Jul 16th, 2014 at 8:10 PM
Criminal Defense Attorney serving Southfield, MI
Partner at
Law Offices of Ezra N. Goldman P.C.
3 Awards
Perhaps but breach of contract damages are limited to the amount paid for the service. The real question is why your attorney didn't subpoena them and force them to give up the records..
Answered on Jul 16th, 2014 at 8:08 PM
EDWARD MILLER
Can't say, without being able to read the contract. Does sound like the delay was unreasonable. But what damages can you prove from the breach? Can't tell from your question.
Answered on Jul 16th, 2014 at 8:06 PM