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.
A founding partner and principal of the law firm Tanoury, Nauts, McKinney & Garbarino, 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.