Attorney Cullen McKinney is a founding partner at Tanoury, Nauts, McKinney & Garbarino, PLLC. Practicing in Detroit, Michigan, Cullen McKinney defends medical professionals against medical malpractice claims. There are several defenses to a medical malpractice claim. The most common is to challenge the plaintiff’s allegation of negligence. Medical malpractice is itself a form of negligence. Therefore, for a plaintiff to establish the existence of medical malpractice, he or she must successfully prove the four elements of negligence, namely: - A doctor-patient relationship that gave rise to a duty of care existed - The doctor breached that duty of care - That breach caused injury to the patient, now plaintiff - Damages are adequate to warrant financial compensation for the patient’s injuries. Proving all these elements can be a daunting task. Defense counsel can defeat a medical malpractice case by challenging any one of the four elements. For example, counsel can claim there was no doctor-patient relationship existing hence no duty of care, that the doctor did not breach the duty of care because the medical procedure undertaken was standard practice, or that the injury was caused by an act of the patient himself or herself, not the doctor’s actions.
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AuthorA founding partner and principal of the law firm Tanoury, Nauts, McKinney & Dwaihy, PLLC, in Detroit, Michigan, attorney Cullen McKinney provides trial defense for individuals and corporations involved in civil litigation cases before the Wayne County and Oakland County Circuit Courts. Archives
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