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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Founding partner of Tanoury, Nauts, McKinney & Garbarino, PLLC, Cullen McKinney is a professional law practitioner with over twenty-four years of experience in the industry. Focusing on civil litigation, Cullen McKinney represents various negligence and liability cases including professional, general, and automobile related cases. A member of the Detroit Metropolitan Bar Association and the State Bar of Michigan Negligence Law Section, McKinney was recognized as a Rising Star in Michigan by Super Lawyers. A part of Thomas Reuters, Super Lawyers is a prestigious American attorney rating service. Every year, it evaluates attorneys across the country from more than 70 practice areas, and identifies the best of the trade using a patented multiphase selection process. Every candidate is nominated either by peers or the research team, and assessed using a comprehensive set of 12 indicators of peer recognition and professional achievement. The resulting list is published in the annual regional and state editions of Super Lawyers Magazine, as well as in other outlets such as regional newspapers. Candidates who do not make it to the list but are 40 years old or younger, or have been practicing 10 or fewer years, are sent through a next selection process, the winners of which are declared Rising Stars. Yearly, fewer than 5% of the lawyers in the U.S. are named Super Lawyers, and under 2.5% are honored as Rising Stars. |
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
August 2022
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