Breach Of Contract Case

Summary

In California, breach of contract claims require proving the existence and breach of a contract. Medical malpractice claims must be filed within specific time limits, generally 1 year from discovery or 3 years from the act. For breach of contract, the statute of limitations is typically 4 years for written contracts. If you submitted your case within these timeframes, you may have a valid argument. Ensure you have all necessary documentation, including court submission dates, to counter any claims about the statute of limitations.

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I give birh 3 years ago to stillborn and they ask me if I wanted autopsy and we told them yes but we didn't what him to cut open. And my nurse told me that not what is going to happen but it did. So we are suing them for contract being broken.
I'm really sorry to hear about your experience. To help you better, could you please let me know which state you are located in? This will help me provide the most relevant information about your situation.
California
I'm sorry to hear about your situation. In California, the following points are relevant:
- Medical malpractice laws cover breaches of standard care.
- Breach of contract claims require proving the existence of a contract and its breach.
- The statute of limitations for medical malpractice is generally 1 year from discovery or 3 years from the act, whichever is earlier.
Have you already consulted with a lawyer regarding your case?
We are representing ourselves. We and have next month on the 6th to see what going to happen next.
It sounds like you are dealing with a complex situation involving both medical malpractice and breach of contract. Given that you are representing yourself, it’s important to be well-prepared:
- Gather all relevant documents, including medical records and any written agreements about the autopsy.
- Be clear on the specific breaches of the contract and how they impacted you.
Have you gathered all the necessary documentation for your case?
Will the other lawyer said we don't have a case because of the statue of limitations was up but it wasn't when we submitted the case to the court in *.
It seems you submitted the case within the statute of limitations. In California, for breach of contract, the statute of limitations is generally 4 years if it's a written contract. Ensure you have documentation of when you submitted the case to the court in *.
Have you verified the exact submission date with the court?
Yes.
It seems like you have a strong argument if you submitted within the statute of limitations. Since you're representing yourself, it's crucial to be prepared and organized.
- Obtain a copy of the court's acknowledgment of your submission date.
- Prepare to argue against the opposing lawyer's claim regarding the statute of limitations.
- Double-check all your documents and evidence.
If you have any other questions or need more specific guidance, feel free to ask!