A long-time resident of Detroit, Cullen McKinney graduated from the University of Detroit Mercy School of Law in 1993 and went on to become a founding member and senior attorney at Tanoury, Nauts, McKinney & Garbarino, PLLC. In addition to his extensive work as a trial lawyer, Cullen McKinney remains closely involved with medical professionals, serving as a legal lecturer and trial counsel for the Detroit Medical Center.
Medical malpractice payouts have been gradually increasing over the past couple of years, approaching $4 billion by the end of 2014. A past study from Harvard University researchers showed that 99 percent of physicians will have experienced a malpractice claim by the age of 65; despite this fact, however, about 3 out of every 4 physicians are taken by surprise when a medical malpractice claim is filed. Below is a brief look at the two most common reasons for the filing of medical malpractice claims. Delayed/Missed Diagnoses In a 2013 report published in HealthDay, researchers analyzed dozens of medical malpractice claims filed over a two-year period. They found that 26 to 63 percent of the suits were related to delayed or missed diagnoses. Among the most common alleged missed diagnoses in adults were cancer, heart attack, appendicitis, ectopic pregnancy, and broken bones. In claims involving children, the most common conditions were cancer and meningitis. Drug Errors According to the same report, the second most common cause for the malpractice suits examined was medication error, accounting for 5.6 to 20 percent of claims. The claims generally cited prescription-related mistakes or adverse drug reactions, and involved drugs ranging from steroids and antipsychotics to antidepressants and antibiotics.
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A medical malpractice claim must meet a few basic requirements to be allowed to stand in court. They include the following:
1) Existence of a doctor-patient relationship 2) Occurrence of medical malpractice 3) Incidence of malpractice caused injury to patient 4) The injury to the patient caused damage A doctor-patient relationship occurs when a doctor agrees to treat a patient who has hired him or her. Malpractice can may take a number of forms, including but not limited to negligence, improper diagnosis and treatment, failure to provide agreed upon services, failure to deliver on promised services, and failure to warn patients of possible risks. In addition to the above, a medical malpractice case must meet other legal requirements. Cases must be brought forth within a specific time period (depending on the state in which they are filed), and may require expert testimonies and medical malpractice review panels. In some states, patients are required to give doctors notice of the claim, and there are limits to the damages that must be paid by medical professionals. Detroit attorney Cullen McKinney undertakes medical malpractice litigation as a partner at Tanoury, Nauts, McKinney and Garbarino. Cullen McKinney is known for his aggressive litigation style and has been voted a Rising Star by Super Lawyers Magazine. He was also featured in Michigan Lawyers Weekly for his role in the high-profile DMC trial in 2012. Mr. McKinney can be contacted at www.tnmglaw.com/contact.asp. |
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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