Love of the Law Podcast

Love of the Law Podcast

Emergency Room Medical Malpractice Featuring Russ Berkowitz

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July 2026 Podcast Ep. 14 - Emergency Room Medical Malpractice (Featuring Ru

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When you walk into an emergency room, minutes can shape everything that follows. In this episode, attorney Russ Berkowitz explains why serious conditions still slip through the cracks in busy emergency departments, and why being your own advocate matters more than most people realize.

Host Monty sits down with Russ Berkowitz, founding partner at Berkowitz, Hanna, Amdur, and Wildstein, to talk through what actually happens when you arrive at an emergency department. Russ walks through the three pathways a patient can take, treated and discharged, admitted, or transferred, and explains why some of the most dangerous diagnoses are also the easiest to overlook when a department is stretched thin.

He shares real moments from his caseload, including a chest pain situation caught on waiting room video and a case involving a very young child sent home with a high fever. These stories illustrate his central theme: many bad outcomes trace back to a workup that was never done, a history that was never taken, or a discharge that came too soon.

Russ also digs into the role of communication between providers, patients, and families, and how tools like MyChart and past records can inform a diagnosis. He explains why discharge instructions are only as useful as the diagnosis behind them, and why being told to follow up later can leave patients without the monitoring they need.

This conversation is educational, not a substitute for medical or legal advice. If you or someone you love has questions about care in the emergency room, press play to hear Russ explain what to watch for and why speaking up matters.