BOCA RATON, FL (Boca Post) (Copyright © 2026) — A Boca Raton couple has filed a medical negligence lawsuit against Boca Raton Regional Hospital, alleging the hospital failed to adequately assess and manage fall risk during a January 2025 admission that ended with an early-morning fall and a left hip fracture requiring surgery.
The case, Marcia Cherello, by and through her Attorney-in-Fact, Santo J. Cherello, and Santo J. Cherello v. Boca Raton Regional Hospital, Inc., d/b/a Boca Raton Regional Hospital, was filed Feb. 3, 2026 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, under Case No. 502026CA001302XXXAMB. The complaint seeks damages in excess of $50,000 and includes a demand for a jury trial.
The plaintiffs, Marcia Cherello, identified in the filing as a Boca Raton resident, and her husband Santo J. Cherello, who is also listed as her attorney-in-fact, allege the hospital’s staff did not implement an individualized fall-prevention plan despite her age, dementia, and documented cognitive impairment. The defendant is described as the operator of an acute-care hospital facility at 800 Meadows Road in Boca Raton.
According to the complaint, the events began Jan. 16, 2025, when Palm Beach County EMS transported Marcia Cherello to the hospital for cough and difficulty breathing. The filing states that in emergency department triage, a nurse documented weakness, wheezing, and difficulty breathing and noted she used an assistive device for ambulation at home, but the plaintiffs claim the fall risk assessment was erroneous and incomplete.
The complaint says an emergency medicine physician assessed her with RSV, a urinary tract infection, altered mental status, and hypertension, and she was admitted for treatment of acute viral bronchitis due to RSV. Later that evening, the filing states her primary care physician noted her mental status was worse than usual with increased confusion.
The lawsuit alleges that shortly after admission and throughout the hospitalization, nursing documentation repeatedly reflected high fall risk scores and noted factors including age over 80, impaired awareness, unsteady gait requiring assistance, elimination issues, high fall-risk medications, and attachment to equipment such as oxygen and IV lines. The plaintiffs claim the plan of care relied on generic interventions rather than dementia-specific, individualized measures.
The complaint centers on what it describes as a preventable fall in the early morning hours of Jan. 19, 2025. The filing alleges the bed alarm sounded around 5:50 a.m., and a nurse found Marcia Cherello on the floor near a commode in a puddle of urine. The complaint says she reported she was getting up to urinate and slipped. After the fall, the filing states a 1:1 sitter was documented later that morning.
Imaging obtained after the incident confirmed a displaced left femoral fracture described as an intertrochanteric left hip fracture, the complaint says. An orthopedic consultation recommended operative fixation, and on Jan. 20, 2025, an orthopedic surgeon performed operative repair with ORIF and intramedullary fixation, according to the filing. The complaint says documentation continued to describe confusion and agitation after surgery and alleges that two days after the fall, a physical therapist reported the bed alarm was not working. The filing states Marcia Cherello was discharged to a skilled nursing facility on Jan. 26, 2025.
In Count I, the plaintiffs allege the hospital breached the standard of care by failing to accurately assess and trend fall risk, failing to implement an individualized fall-prevention plan, failing to provide appropriate toileting safety measures, and failing to consider enhanced supervision such as a 1:1 sitter before the fall. In Count II, Santo J. Cherello brings a loss of consortium claim, alleging the injuries have resulted in loss of companionship and marital relationship.
The original complaint, Marcia Cherello, by and through her Attorney-in-Fact, Santo J. Cherello, and Santo J. Cherello v. Boca Raton Regional Hospital, Inc., d/b/a Boca Raton Regional Hospital, Case No. 502026CA001302XXXAMB, as filed February 3, 2026, with the Clerk of Court, can be viewed here.
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