Preventable medical errors affect patients at every stage of life. From the most vulnerable newborns to people in their final days. But the question of who gets harmed and the question of who can actually do anything about it have very different answers.

In this episode, Kay Van Wey delivers one of the most direct conversations this podcast has had about the legal reality facing victims of preventable medical errors: why the courthouse door is effectively slammed shut for 99% of them, what decades of tort reform have actually done to patient rights, and why most people had no idea their rights were being stripped away while they slept.

This episode is for the 1% who have a viable case and need to hear why it matters to pursue it. And it is for the 99% who called every lawyer in town and were turned away, because they deserve an explanation, and they deserve to be angry about it.

By watching this episode you will understand:

1. Why preventable medical errors affect every stage of life and why no patient population is protected
2. Why the courthouse is effectively closed to 99% of victims of preventable medical errors, and what that actually means in practice
3. How decades of tort reform have stacked the legal system in favor of healthcare providers and against patients
4. Why most lawyers won't take a medical malpractice case, and why that is not about laziness or greed
5. Why the 1% with viable cases should pursue litigation even when it feels wrong to do so
6. What the 99% who can't get into court should do instead, and why their anger is the most important force for change
7. Why medical malpractice lawsuits matter beyond money, and how they have changed hospital policies and saved lives

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CHAPTERS

0:00 Introduction

0:39 Who Is Most Affected by Preventable Medical Errors

1:31 The Bigger Question: Who Can Actually Do Something About It

1:57 How Tort Reform Created a David vs. Goliath Legal System

3:33 Why Medical Malpractice Law Is Not Dead But the Courthouse Mostly Is

4:12 Why 99% of Victims Will Never Find a Lawyer

5:27 If You Are the 1%, Here Is Why You Should Pursue Your Case

7:08 If You Are the 99%, Here Is What to Do With Your Anger

8:44 Why Lawsuits Matter: How Litigation Actually Changes Healthcare

10:17 How to Find a Truly Qualified Medical Malpractice Attorney

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Have you or someone you love tried to find a medical malpractice attorney and been turned away? Tell us your story in the comments.

At Van Wey & Metzler Law Firm in Dallas, Texas, Kay Van Wey and her team advocate for families affected by medical malpractice, hospital negligence, birth injuries, surgical errors, preventable medical harm, and unsafe healthcare systems.

Van Wey & Metzler Instagram: @vanweymetzlerlaw Van Wey & Metzler LinkedIn: https://www.linkedin.com/company/vanweylaw/ Van Wey & Metzler Facebook: https://www.facebook.com/vanweymetzlerlaw Learn more about Van Wey & Metzler Law Firm: https://www.vanweylaw.com/ AdvoKAYte Podcast: https://www.vanweylaw.com/advokayte-podcasts/ AdvoKAYte Instagram: @advokaytepodcast AdvoKAYte Facebook: https://www.facebook.com/advokaytepodcast/