An attorney with Tanoury, Nauts, McKinney and Dwaihy, PLLC, Cullen McKinney has been practicing law in Michigan for almost 30 years. Cullen McKinney and his Detroit-based firm specialize in health law, of which medical malpractice is a crucial area.
Medical malpractice refers to instances where a medical practitioner displays negligence while caring for a patient, resulting in injury. Some examples of medical malpractice are failing to diagnose or misdiagnosing an ailment, unnecessary surgery, poor aftercare, and disregarding test results.
Medical malpractice lawsuits are common in the United States. However, the legal process is designed to try to resolve these suits before they go to court through extensive discovery and research on both sides. There are many unique factors in each case, and for this reason, discovery and evidence are extremely important.
There are strict criteria for proving that a medical professional committed malpractice. It must be shown that the accused had a professional medical duty to the patient and that the duty was not upheld due to negligence. There must also be direct proof of an injury and the resulting damages.
Furthermore, the injury and damages that occurred must be significant, as minor issues will not warrant a lawsuit. For a case to be viable enough to head to court, there must be proof of substantial harm or injury since trials can be very costly. Cullen McKinney has for years successfully defended physicians and health care systems against alleged medical mal=practice claims.
