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:
Why preventable medical errors affect every stage of life and why no patient population is protected
Why the courthouse is effectively closed to 99% of victims of preventable medical errors, and what that actually means in practice
How decades of tort reform have stacked the legal system in favor of healthcare providers and against patients
Why most lawyers won't take a medical malpractice case, and why that is not about laziness or greed
Why the 1% with viable cases should pursue litigation even when it feels wrong to do so
What the 99% who can't get into court should do instead, and why their anger is the most important force for change
Why medical malpractice lawsuits matter beyond money, and how they have changed hospital policies and saved lives
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.
What is AdvoKAYte: Holding Healthcare Accountable?
Most people first heard of Kay Van Wey through the shocking true story of Dr. Death—the infamous Dallas neurosurgeon who maimed and killed patients. Kay stood up to him and the system that enabled him, fighting for the people whose lives he shattered. That case made headlines around the world, but for Kay, it was never about the spotlight. It was about the patients—the mothers, fathers, daughters, and sons—who deserved answers, justice, and dignity.
Now, on AdvoKAYte: Holding Healthcare Accountable, Kay brings that same passion to a new mission: exposing a healthcare system that too often puts profits ahead of patient safety.
With more than 40 years of experience as a medical malpractice attorney, Kay has seen firsthand the devastating impact of preventable medical errors—and uncovered their root causes. She calls out dangerous physicians, profit-driven hospitals, fraudulent schemes, and a system designed to keep patients in the dark.
A lawsuit against a negligent provider can bring justice for the victims, but Kay is fighting for something bigger. She will always stand with individuals and families harmed by medical errors—but she is on a mission to reform the broken healthcare system that is vital to all of us... patients.
This podcast is about more than cases—it’s about change. Patients need a voice. Their voices must be amplified—so loudly and so clearly—that politicians can no longer ignore them. Only then can we demand accountability, reform the system, and make healthcare safer for everyone.
Because as Kay learned from Dr. Death—and countless other cases—the problems are fixable. What’s missing is the will to fix them. And that starts here.
Knowledge is power. Strength comes in numbers. It’s time for patients to matter more than profits—and for preventable medical errors to end.
