Blog

With more than 35 years of experience, the team at Hurley McKenna & Mertz has built a reputation for tackling some of the country’s most complex and emotionally challenging legal cases. Our attorneys and staff have worked together for decades, guided by trust, respect, and a shared commitment to the truth.

The HM&M Blog is where we share insights, resources, and updates across our core practice areas:

Medical Malpractice – Breaking down patient rights, hospital responsibilities, and the realities of pursuing claims against healthcare providers.
Sexual Abuse – Covering legal developments, survivor resources, and our fight to hold institutions accountable.
Vehicle Accidents – Offering guidance on navigating insurance, liability, and recovery after serious crashes.
Personal Injury – Helping victims understand their options for compensation when negligence causes harm.
Product Liability – Shedding light on unsafe products and the corporations that must be held responsible.
Nursing Home Abuse – Advocating for the safety and dignity of vulnerable elders facing neglect or mistreatment.

Through this blog, we aim to make the law more accessible, highlight important case updates, and provide information that empowers victims and families to take the next step toward justice.

Medical Malpractice

Explore articles about patient rights, hospital accountability, and what to do when medical errors cause harm.

Emergency Room Doctors More Likely to Miss Stroke in Women, Minorities, and Younger Patients

When it comes to strokes, research indicates that the outcome of a patient can improve by as much as 80 percent if they are given prompt and early treatment. Unfortunately, for anywhere between 15,000 and 165,000 Americans per year, such treatment is not received because they are misdiagnosed - often with a condition that is benign in nature. Women, minorities, and younger patients may be at an especially high risk for this potentially deadly medical mistake . Risk of Misdia

Oct 9, 20162 min read

Do You Have a Medical Malpractice Case?

Medical malpractice – medical treatment that is substandard to the point of causing harm, death, or injury to a patient – is now the third leading cause of death in the United States. What really constitutes malpractice, though, and do you tell if you have a case? While it is best to discuss your situation with an experienced legal professional, the following information may help you in determining whether or not you have a medical negligence case. What Constitutes Medical

Sep 23, 20162 min read

Hospitals Claim They May Change How They Handle Medical Errors – Too Good to Be True, or an Honest Effort?

Earlier this year, the BMJ published a frightening and ground-breaking report – medical errors, or medical mistakes made during the course of treatment, cause more deaths than traffic accidents, construction accidents, diabetes, and even obesity. In fact, the only cancer and heart disease kill more people each year. Of course, we knew that death caused by medical error was an issue; back in 1998, the Institute of Medicine revealed that as many as 98,000 people died from medi

Sep 16, 20162 min read

Information on Bad Doctor Behavior Varies from State to State

Savvy patients might know they need to research their doctor's history. They may even know where to look. But what they may not realize is that the information provided on bad doctoring practices and the disciplinary actions taken against poor-performing physicians can vary greatly from one state to the next. Consumer Reports and the Informed Patient Institute – both nonprofit organizations dedicated to safety and advocacy – recently examined each state's medical board websi

Aug 24, 20162 min read

Preventable Medical Errors

There is a growing problem inside hospitals, one that most people do not know about and hospitals do not like talking about. It kills more individuals than car accidents, strokes, respiratory disease, diabetes, and suicide. In fact, the only two causes of death that trump this issue are cancer and heart disease. This killer is known as the preventable medical error. Killer Doctors, Nurses, and Hospitals Most people go to the hospital to get better, but each year, 251,000 U.S

Aug 12, 20162 min read

Wrongful Death of Children in Foster Care

At Hurley, McKenna, & Mertz, we are well aware of the trauma that accompanies the wrongful death of children in foster care, as we have both experience and success with such cases. A recent article in the University of La Verne Law Review authored by Daniel Pollack and Gary L. Popham, Jr. illustrates the severity of the cases involving wrongful death of foster children (Pollack and Popham, LaVerne Law Review, Vol 31:1). Please feel free to e-mail dpollack@yu.edu for a pdf cop

Aug 4, 20162 min read

$8 Million Settlement in Michigan Medical Malpractice

Former hematologist and oncologist Farid Fata, of Oakland County, Michigan, is serving 45 years in prison as a result of years of fraud and money-laundering. The doctor has faced lawsuits from 43 patients and has supposedly administered unnecessary treatment to up to 533 patients from his oncology clinic, Michigan Hematology Oncology, P.C. Last September, Fata pleaded guilty or no contest to money laundering, conspiracy to pay and receive kickbacks, and health care fraud; st

Aug 1, 20162 min read

Bill Write-offs Can’t Reduce Awards: Panel

CHICAGO DAILY LAW BULLETIN By Lauraann Wood Law Bulletin staff writer A state appeals panel has ruled that jury awards for medical bills in injury cases cannot be reduced to account for the amount of bills the health provider writes off. The opinion issued earlier this month in the Springfield-based 4th District Appellate Court addresses a long-standing debate between the state's plaintiff bar and defense bar — which each offered their stance through bar group amicus briefs

Jul 29, 20164 min read

Amy Clark's Story

The Telly Awards have announced "Amy Clark's Story" and "The Hill Family Story" as bronze winners in the online video documentary category, created by Hurley McKenna and Mertz, P.C. and Sprout Films. With over 13,000 entries from all 50 states and numerous countries, this is truly an honor. "The Clark Family" follows dedicated mother Amy L. Clark in her care for her two boys, both born with Angelman Syndrome. After the birth of her older son, Brandon, Ms. Clark trusted doctor

Jul 29, 20162 min read

Reduce Your Risk of Medical Malpractice: Know How to Recognize the Signs of “Dangerous Doctoring”

In a perfect world, patients would be guaranteed high-quality medical care. They would not have to worry about receiving the wrong medication or being subjected to the wrong treatment. Conditions would be diagnosed as early as humanly possible, and it would be the correct diagnosis. Unfortunately, we do not live in this perfect world. Medical mistakes happen, and the very care that is supposed to heal a patient ends up killing them instead. Cancer and heart disease are misse

May 8, 20163 min read

Choosing the Right Doctor Can Reduce Your Risk for Serious Illness and Medical Mistakes

When, in any given city, there are dozens (if not hundreds) of doctors to choose from, it can be difficult to decide which one to trust. Most people turn to family or friends for help. Others peruse online reviews and forums. Unfortunately, both methods can put unsuspecting people at risk for serious illness and medical malpractice injury . A recent study provides valuable information how to choose the right doctor and why it matters so much. Dangerous Doctors and the Damage

May 3, 20162 min read

First responders want law to protect them from 'frivolous' lawsuits - Chicago Tribune

By Kate Thayer , Contact Reporter, Chicago Tribune A group representing firefighters and municipalities hopes to revive a law that protects first responders from getting sued by people they try to help. The so-called "public duty rule" dates to the 1800s and provides firefighters and paramedics broad immunity from lawsuits stemming from their on-the-job actions. But earlier this year, a divided Illinois Supreme Court struck down the public duty rule when it took up a case inv

May 2, 20163 min read

Common Causes of Birth Injuries

Expecting parents often imagine what it will be like to hold their baby for the first time, ponder what their first words will be, and may even envision the adult their child will eventually become. Sadly, some parents never see their hopes and dreams come to fruition. All that they had hoped for is taken away by a physician who made a horrible, permanent, irreversible, and preventable mistake. The injuries sustained by infants during these incidents are known as birth injuri

Apr 26, 20163 min read

Center for Justice & Democracy Exposes the Truth: Medical Malpractice by the Numbers

Since the mid-seventies, tort reformers have put a lot of effort into getting the public to believe that the justice system is broken and that physicians and hospitals are innocent victims who must settle with patients to resolve unfounded claims to avoid ruin. But when you look at the facts, including those recently presented by the Center for Justice & Democracy, it is clear they are anything but. If anything, the evidence indicates that it is patients who are being treated

Apr 20, 20162 min read

Could a High Deductible Insurance Plan Increase the Risk of a Medical Mistake?

Thanks to recent U.S. policy changes, more people than ever have affordable health care coverage. Unfortunately, that benefit is extremely limited since many are still stuck on high deductible plans, emergency care only plans, or subpar employer-provided insurance. So, even though many Americans are now protected in the event of an emergency, many still do not have the coverage they need to prevent serious illness. Even more concerning is that, despite the changes, many Ameri

Mar 31, 20162 min read

Small Percentage of Doctors Responsible for Majority of Malpractice Claims

When people read the stories about medical mistakes and the resulting malpractice claims, they often begin to wonder if their own physician might be capable or responsible enough to care for them in a life or death situation. Many also begin to fear the idea of going to an unknown doctor. However, studies suggest that, while the vetting of a physician is certainly warranted and necessary, most patients are probably relatively safe; it is just a small portion of physicians th

Mar 29, 20162 min read

Avoidable Medical Errors Now Considered Third Leading Cause of Death in America

When people get sick, they visit their doctor to get better. When they are critically ill, they go to a hospital for treatment. But are doctors actually doing more harm than good? Evidence from the prestigious would certainly suggest as much. Published nearly two decades after the Institute of Medicine's (IOM) concerning report, this new study indicates that people are not just dying by the very hands that are supposed to heal them; they are dying in significantly higher num

Mar 6, 20162 min read

Traumatic Brain Injury: Symptoms, Diagnoses, and PTSD

A traumatic brain injury (TBI) can affect every aspect of your life—work, school, relationships, and even your own sense of independence. Most common in car accidents and construction accidents, the symptoms most typically displayed are dizziness, irregular breathing, poor balance, lack of coordination, and lessened endurance. But a new study has revealed some other symptoms that may make it difficult for our veterans when it comes to receiving a TBI diagnosis, especially i

Mar 3, 20162 min read

Undisclosed Drug Shortages Compromising Patient Safety

If two people you knew were in a life or death situation and you could only save one, who would you choose? This is the decision that doctors, surgeons, and anesthesiologists are making each and every day, but it is not for the reason you might think. Medicine shortages – everything from antibiotics to cancer drugs – are creating questionable practices and muddy ethical reasoning in the healthcare industry. So much so that ethicists and patient advocate groups have started to

Feb 29, 20162 min read

Communication Failures Linked to 30 Percent of Malpractice Cases, Study Says

Effective communication is an integral and essential part of our everyday lives, but there are few professions in which it can make the difference between life and death; in the medical field, it can and does often lead to the latter. In fact, a recent study on a selection of medical malpractice cases found that communication failures had contributed to nearly 2,000 wrongful deaths over the course of five years. Sadly, this is not a new or uncommon issue. Communication Fail

Feb 22, 20162 min read