A Miami man didn’t survive back surgery. There were consequences for a doctor

Health Care admin October 2, 2026 0 Comments

A Miami man didn’t survive back surgery. There were consequences for a doctor

A Miami husband and father died after back surgery to relieve his neck pain. Five years later, the anesthesiologist involved in the operation began serving his professional sentence from the state Board of Medicine.

Dr. Jorge Melgen is still practicing, but on a one-year probation that will end Sept. 16, 2027. Melgen paid a $7,500 fine and $10,948 in Florida Department of Health case costs.

The first discipline on the license Melgen has held since April 29, 2003, includes completing five-hour continuing medical education courses in anesthesia and risk management.

Melgen’s malpractice insurance paid $250,000 to the family of Cesar Chinchilla, a 56-year-old married father of two, as part of the settlement of the 2022 civil lawsuit filed against the anesthesiologist and Hollywood’s Advanced Orthopedics and Spine Surgery.

Melgen didn’t answer emails to the address on his Florida Department of Health profile, which says he has staff privileges at Mercy Hospital and Larkin Community Hospital.

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Surgery to relieve neck pain

According to the Florida Department of Health’s administrative complaint and the lawsuit filed for Chinchilla’s family by the Shaked Law Firm, Chinchilla went to Advanced Orthopedics at 3500 Tyler St. for an anterior cervical discectomy and fusion.

This kind of surgery “relieves pain caused by pinched nerves in your neck,” the Cleveland Clinic website describes. “A surgeon will remove the disk between your affected bones, and then weld (fuse) them together.”

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The Department of Health complaint said Melgen put Chinchilla under anesthesia, but “allowed (his) blood pressure to fall below 20% of the preoperative baseline blood pressure.”

After the surgery, the complaint said, Melgen extubated Chinchilla, meaning he removed the breathing tube used during surgery.

“About 10 to 15 minutes after the surgery, Melgen evaluated (Chinchilla) who remained unresponsive,” the complaint said. “[Melgen] noted that (Chinchilla’s) left pupil was sluggish.”

Melgen arranged Chinchilla’s transfer to Hollywood’s Memorial Hospital, but, the complaint said, “from the time [Melgen] extubated (Chinchilla) until the time (he) was transferred by emergency transport providers, [Melgen] did not secure (his) airway.”

Chinchilla was pronounced brain dead at Memorial Hospital.

The administrative complaint said the minimal standard of care required Melgen keep Chinchilla’s blood pressure within 10% to 20% of his baseline blood pressure; and to secure his patient’s airway “while (his) respiratory and neurologic status was unstable.”