A tragic case of alleged medical malpractice has surfaced in Palm Beach County, Florida, raising serious questions about the standard of care provided by a local orthopedic surgeon and his practice. Felicia Simmons, acting as the personal representative of her late husband Robert Simmons’ estate, filed a complaint on August 27, 2024, against Dr. Harvey Montijo and the Center for Bone and Joint Surgery of the Palm Beaches, P.A., accusing them of negligence that led to Robert Simmons’ untimely death.

The complaint was lodged in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County. Felicia Simmons alleges that Dr. Montijo and his employer failed to provide adequate medical care following a knee surgery performed on Robert Simmons on March 15, 2022. According to court documents, Robert Simmons had been a patient at the Center for Bone and Joint Surgery for nearly eight years due to various orthopedic issues, including bilateral knee osteoarthritis.

The lawsuit details how Dr. Montijo recommended and performed a right total knee arthroscopy on Robert Simmons at Palms West Hospital. Following the surgery, it is claimed that Dr. Montijo ordered only two doses of aspirin as deep vein thrombosis (DVT) prophylaxis and limited antibiotics to just one day. The next day, an independent pain management consultant found Robert in severe pain unrelieved by medication—a stark contrast to Dr. Montijo’s mid-level provider’s note stating he was resting comfortably.