Medical malpractice litigation is the cornerstone of our practice at Gary Roberts & Associates. We are one of the few law firms in the country that includes attorneys that are board certified in neurosurgery, a board certified Civil Trial Lawyer, and a registered nurse.

Medical malpractice litigation requires extensive knowledge of proper medical procedures, as well as medical injuries or diseases and their causes. The attorneys of Gary Roberts & Associates are experienced in handling the most complex cases and routinely consult on medical malpractice issues throughout Florida and the United States. Senior partner Gary Roberts is a Florida Bar Board Certified Civil Trial Lawyer, who for more than 35 years, has litigated in state and federal courts pursuing insurance companies, malpractice and negligence claims for individuals and businesses.

Our firm is devoted to helping the victims of medical malpractice and hospital negligence.

$6.1 million Confidential Settlement Negotiated for Failure to Diagnose Infection in a Pre-school Child

Oftentimes signs of infection in patients are mistakenly ignored by physicians. Our client, a six-year old child, suffered severe spinal cord injuries that could have been avoided with proper diagnosis and timely medical care.

In early 2000, Mr. and Mrs. Jones were delighted to bring home from South America their only child, a one and half year old baby that they had adopted. Mrs. Jones, a special education teacher, and her husband had been married for a number of years and wished to adopt a child. When they brought little baby Johnny home, they were filled with joy and anticipation of their new journey of parenthood. They took their son to a local pediatrician for the routine checkups, the same checkups that every parent has performed for their children. They brought the medical records from the orphanage in South America to their new pediatrician. They selected the pediatrician because he was a Spanish-speaking and reading physician. In reviewing the medical records provided to him, the pediatrician failed to note that there was some suggestion that the child had had Spina Bifida at birth. As the next couple of years went on, the child was regularly brought to his appointed physicians, but the infection was, mistakenly, never detected.

In November of 2002, little Johnny developed a high fever. He was treated by the local physicians and when his fever did not seem to improve, he was hospitalized at a local hospital. During this hospitalization, he was seen by a number of different types of doctors, including undergoing medical tests, specifically a gallium scan, to search out the source of his continued fever. The gallium scan was, in fact, positive, but reported to Mr. and Mrs. Jones as normal. During this hospitalization, the child's symptoms continued to deteriorate. In fact, he was unable to walk by the time he was discharged from the hospital. The hospital and nursing staff told the parents that the child was just being uncooperative.

The parents, frustrated and confused, took little Johnny to another medical center, where he was diagnosed with having a very large infection in his spinal canal. The source of this infection was a very small hole in his skin left from the Spina Bifida that none of the doctors took note of prior to little Johnny's admission to the area hospital. At the medical center where Johnny was diagnosed, he underwent emergency surgery by a world renowned pediatric neurosurgeon, who was able to save the young child's life. However, tragically, the child was left with severe injuries as a result of the infection. One leg is much shorter than the other and the child also has experienced some brain damage as a result of the continued spinal infection.

In an effort to find help for their son, Mr. and Mrs. Jones consulted Gary Roberts & Associates to represent them in an action against the physicians and hospital for failure to exercise reasonable care and failure to diagnose their son's condition. As the litigation continued, despite the contrary claims of the baby's pediatrician, it became clear that there were a number of errors that occurred, starting with the simple recognition of Johnny's risk for developing such an infection.

The Jones family is an inspiration to all who have participated in helping reach a settlement. Mrs. Jones, a special education teacher for more than 30 years, worked at the same school that her young son attends. However, she was the "mom" watching her son go through his struggles. One of the special education teachers that young Johnny had in his classes talked about how he was an inspiration to other students because his spirit and optimism shined through his disabled body. Johnny's settlement has been placed in a special guardianship to provide him with the proper care and treatment for the rest of his life and enable him to have opportunities that other kids his age are afforded.

Hospital Settles $4 million Suit for Baby's Brain Injuries Caused by Negligence During Labor.

Negligence by the nursing staff during mother's labor leads to obstetrical emergency and brain-damaged child (Cerebral Palsy).

In early summer of 2001, Judy and Jack Doe were delighted to learn that they were going to be parents once again. Judy Jones, during her pregnancy, discussed with her doctor having a VBAC (vaginal birth after cesarean section) delivery. At the time, this was a popular choice for women who previously had cesarean sections to experience a "natural" delivery. Mr. and Mrs. Jones' prior children were a little boy and girl, both anxious and excited with anticipation to meet their new sibling.

In January 2002, Mrs. Jones was admitted to the hospital at midnight under the care of Dr. Smith. Mrs. Jones was scheduled to have induced labor because Dr. Smith had some concerns that she had developed slight hypertension during the end of her pregnancy. As the morning progressed, Dr. Smith came to see Mrs. Jones and was pleased at her progress. He left the hospital and went to his office right outside the hospital doors. As soon as Dr. Smith left the hospital, the day shift of the nursing staff came on duty. The nursing staff erroneously started the medication Pitocin without a physician's order and administered the medication as the morning progressed. Pitocin is a medication that helps increase and intensify contractions—a potential risky medication to administer in a mom who already underwent a cesarean section in a prior labor. One of the risks of a vaginal birth after cesarean section is that the scar where the cesarean section occurred can rupture while in labor. Pitocin, by increasing the contractions and their force, increases this risk further.

The nursing staff, by not telling Dr. Smith that they had administered Pitocin, increased this risk of rupturing the cesarean scar even more. As Mrs. Jones' labor continued, she started bleeding, and again the nursing staff did not recognize that this bleeding was a severe and acute emergency requiring immediate help. Several crucial minutes passed before they contacted Dr. Smith, who immediately ran into the hospital and brought Mrs. Jones into the operating room, where he immediately performed a cesarean section. Baby Jones was born via emergency c-section but the baby was not breathing. Due to the heroic efforts of Dr. Jones and the pediatric staff, they were able to resuscitate this newborn baby and he survived the event. Unfortunately, Baby Jones suffered brain damage resulting in Cerebral Palsy.

Baby Jones now lives with his parents and older siblings, unable to speak and unable to walk. However, this doesn't stop Baby Jones from being the center of everyone's life. He scoots around on his knees and is able to tell his big sister what he wants to watch and when he wants to do it.

Mr. and Mrs. Jones came to Gary Roberts & Associates after speaking with their physician about the events that happened in the hospital. They sought to find compensation and help for their young son, so he can be cared for and treated for the rest of his life. A confidential settlement was reached with the hospital and the monies have been placed in a guardianship which will care for Baby Jones for the rest of his life.

Confidential Settlement: A Nursing Home Death Caused by a Failure to Monitor Victim's Proper Blood Levels.

Grandma Ida, the matriarch of her family, had been living with her daughter for a number of years following a moderate stroke she had suffered. Grandma Ida was well loved and well cared for by her daughter, grandchildren and great grandchildren. However, following another admission to the hospital for a heart-related ailment (Atrial Fibrillation) and stroke (CVA -Cerebral Vascular Accident), the doctors advised Grandma Ida's daughter that she would require additional nursing and physical therapy treatments in an effort to get her back to being able to walk without assistance.

Grandma Ida's daughter, son-in-law, and grandchildren visited and researched many skilled nursing facilities. They decided on a facility close to a number of members of the family, as they felt that the care was excellent there and they would all be able to visit Grandma Ida frequently.

As part of the medical treatment for her heart condition, Grandma Ida was prescribed blood thinners, specifically, the medication Coumadin. As a patient taking Coumadin, blood tests are performed on a regular basis to make sure that the (Coumadin) levels are within an appropriate range, not being too high or too low. During the last eight weeks of Grandma Ida's stay at the nursing home, the blood tests were not performed (PT, PTT and INR). The doctor did not order additional testing and the nursing staff violated their own policies to monitor these tests as required by standard nursing home practice and good medical care. In addition to this, both the nursing staff and medical doctor failed to recognize the significance of a large bruise (Hematoma) that was developing on Grandma Ida's chest wall. Over the course of six weeks, the bruise developed into a hematoma such that Grandma Ida had difficulty breathing. At that point, Grandma Ida was transferred to a local emergency room where blood tests were drawn and it was discovered that the "Coumadin level" (PT, PTT and INR tests) was six times beyond what it was supposed to be. Because her Coumadin level was so high, she was internally bleeding into her organs. She developed shock, and despite the heroic efforts of the hospital staff, she eventually succumbed to these injuries and died.

Grandma Ida's daughter and son-in-law sought the advice of Gary Roberts & Associates following a discussion with a member of the medical community. After arduous litigation, a confidential settlement was reached, payable to the Estate of Grandma Ida, for the benefit of her family.