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FLORIDA RECORD

Friday, September 20, 2024

New York Resident Sues Florida Hospital Over Alleged Medical Negligence Leading to Catastrophic Injury

State Court
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A New York resident has filed a lawsuit against a Florida hospital and its associated radiology practice, alleging severe medical negligence that led to a catastrophic injury. On July 26, 2024, Jessica A. Hilpert filed the complaint in the Circuit Court for the Fifteenth Judicial Circuit in Palm Beach County, Florida, naming Bethesda Hospital, Inc., Radiology Associates of South Florida, LLC, and Dr. Jon M. Fergenson as defendants.

The lawsuit stems from an incident on February 5, 2024, when Hilpert was visiting a family member at Bethesda Hospital West in Boynton Beach, Florida. According to the complaint, Hilpert slipped on a thin sheet of liquid left by a hospital employee in a common-area hallway and fell, injuring her right hip. The emergency department physician ordered x-rays of her hip and pelvis, which were interpreted by Dr. Jon M. Fergenson. Despite evidence of a non-displaced fracture visible in the x-ray images, Dr. Fergenson allegedly failed to diagnose it correctly and reported no acute injury.

Hilpert's attorney claims that this misdiagnosis resulted in her being discharged without proper medical treatment or advice regarding her undiagnosed fracture. Upon returning to New York two days later, Hilpert sought medical attention due to severe pain and discovered that the non-displaced fracture had worsened into a displaced hip fracture requiring invasive surgery—a total right hip replacement arthroplasty.

The plaintiff alleges that Bethesda Hospital is liable for premises liability negligence due to their failure to maintain safe conditions and warn about potential hazards like the slippery floor that caused her fall. Additionally, she accuses Dr. Fergenson of medical malpractice for failing to interpret her x-rays accurately and provide appropriate follow-up care recommendations.

Hilpert seeks damages exceeding $50,000 for permanent bodily injury, disability, significant scarring and disfigurement, past and future pain and suffering, mental anguish, loss of enjoyment of life, inconvenience, medical bills and attendant care costs.

Representing Hilpert are attorneys Michael K. Grife and Catherine C. Darlson from The Grife Law Firm based in Boca Raton, Florida. 

The Case ID is: 502024CA007047XXXAMB Div: AJ.

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