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FLORIDA RECORD

Tuesday, October 22, 2024

Doctor Alleges Negligence Against Healthcare Entities Following Injury at Surgery Center

State Court
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Glenn Kelley, Chief Judge at the FL 15th Judicial Circuit Palm Beach | https://www.15thcircuit.com/

A prominent medical professional has filed a lawsuit against multiple healthcare entities, alleging negligence that resulted in severe injuries. Dr. James Cerullo initiated the complaint on October 9, 2024, in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, targeting Bethesda Hospital, Inc., TBT Partners, LLLP, and Baptist Outpatient Services, Inc.

The lawsuit stems from an incident on December 23, 2022, when Dr. Cerullo was working as an anesthesiologist at a surgery center operated by the defendants. According to the complaint, Dr. Cerullo slipped and fell on a wet floor outside the operating rooms—a condition allegedly created by an employee of Baptist Outpatient Services without any warning signs present. The plaintiff asserts that this fall led to serious and permanent injuries requiring multiple surgeries.

Dr. Cerullo accuses Bethesda Hospital of failing to maintain a safe environment for business invitees like himself. He claims that Bethesda had a non-delegable duty to ensure the premises were free from hazards such as slippery floors and failed to warn him about these dangers despite having actual knowledge of them through their agents or employees. Similarly, TBT Partners is accused of negligence for not maintaining the leased premises safely and failing to prevent or warn about hazardous conditions.

The complaint also highlights Baptist Outpatient Services' role in performing operational and cleaning functions at the surgery center. Dr. Cerullo argues that Baptist breached its duty of care by creating a dangerous fall hazard and neglecting to exercise reasonable care in maintaining safe conditions within the facility.

In his lawsuit, Dr. Cerullo seeks damages exceeding $50,000 from each defendant for bodily injury and associated losses such as pain and suffering, disability, mental anguish, medical expenses, lost earnings potential, and more—losses he describes as either permanent or ongoing.

Representing Dr. Cerullo is Michael S. Smith from Lesser Lesser Landy & Smith PLLC based in West Palm Beach. The Case ID: 502024CA009695XXXAMB Div: AA.

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