A tragic case of alleged medical negligence has surfaced, as a widow files a lawsuit against a Florida medical center and its staff. Tereza Monteiro, representing the estate and survivors of her late husband Marcos Benigno, filed the complaint on August 28, 2024, in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida. The defendants include West Boca Medical Center, Inc., Dr. Leah Black, and Paragon Contracting Services, LLC.
The complaint outlines a series of events that began on February 16, 2023, when Marcos Benigno visited the emergency department at West Boca Medical Center due to severe headaches and high blood pressure. Despite these alarming symptoms, Dr. Leah Black diagnosed him with muscle pain related to his cabinetry work and attributed his high blood pressure to pain. She advised him to continue taking over-the-counter pain relievers like Tylenol or Ibuprofen and discharged him without ordering critical diagnostic tests such as a CT scan with contrast or consulting a neurosurgeon.
Monteiro's complaint alleges that Dr. Black's failure to conduct appropriate diagnostic tests or provide adequate warnings about potential serious conditions like an intracerebral hemorrhage directly led to Benigno's deteriorating health. Two days after his discharge from West Boca Medical Center, Benigno collapsed at home and was rushed to Boca Raton Regional Hospital where he was diagnosed with an aneurysm followed by a stroke. Despite medical intervention, he never recovered and passed away on March 14, 2023.
The lawsuit accuses West Boca Medical Center and Paragon Contracting Services of vicarious liability for Dr. Black’s actions since she was acting within the scope of her employment with both entities during her treatment of Benigno. The complaint states that "Defendant Leah Black failed to follow appropriate guidelines for evaluating a patient with neurological deficits," which ultimately led to Benigno’s death.
Monteiro is seeking compensatory damages exceeding $50,000 for the loss suffered by Benigno’s estate and his surviving family members. The damages include funeral expenses, loss of companionship for Monteiro, mental anguish endured by their children Adrielly Tonelli Alves Benigno (born in 2000) and Esther Tonelli Alves Benigno (born in 2012), as well as other associated costs under various sections of Florida Statutes.
Represented by attorney Deborah J. Gander from Freedland Harwin Valori & Gander law firm based in Coral Gables and Fort Lauderdale, Monteiro demands a jury trial for all issues so triable as a matter of right.
This Case Number is: 502024CA008198XXXAMB Div: AA.