Justice for Rob

Date of incident 1/9/2009
Guilty party: Dr. Roger M. Nicosia
Victim: Robert Murphy
Criminal court case number: 43-2010-MM-000157-A
Case Level-degree: Misdemeanor Second Degree
On the day of Wednesday, August 18th 2010; Martin County Judge Kathleen Roberts issued a guilty verdict for violation of navigational rules to Roger M. Nicosia, D.O., an emergency room physician at Martin Memorial, regarding an incident that occurred on January 9th 2009.

The events on this day (January 9th 2009) are as follows:
Roger M. Nicosia, D.O., while piloting his 41 ft vessel Master Plan at a 25 knot cruising speed, blatantly disregarded a properly displayed dive flag aboard the 36 ft vessel Dykoke and was convicted of violating navigational rules of the water, and we believe, Florida statutes 327.331 and 327.30(5). The Master Plan, driven by Roger Nicosia, M.D. struck SCUBA diver Robert Murphy who was floating on the surface, approximately 50-75 feet from the Dykoke and its dive flag, well within the 300 ft required by law. The propellers of the Master Plan severed both of Roberts leg below the knee. After striking Mr. Murphy, Dr. Nicosia, thinking hed struck an object, motored his vessel back to the Dykoke and floated 30 40 feet aft of the Dykokes stern and watched as the frantic dive crew struggled to bring a nearly fatally injured Robert Murphy back on board. At times, Robs lifeless body lay half in the boat, half in the water, blood tarnishing the water around him, clearly visible to all persons aboard the Master Plan. At no time did Dr. Nicosia or any of his crew offer to render aid in any form or fashion. Further, when questioned by 911 whether anyone aboard the Master Plan had the ability to render medical aid, the question was ignored and the topic of discussion was redirected. Further, the Master Plan, piloted by Roger Nicosia, D.O. sped quickly away from the scene of the incident leaving the injured Rob Murphy in the hands of his civilian friends who had zero medical training, to fight for his life.
Nicosias conscious choice to deliberately refrain from rendering aid or even disclosing that he was an emergency medicine trained physician, thereby shirking his duty to rescue, and further, fleeing the scene of the boating incident which caused the United States Coast Guard to search offshore for his vessel and escort him to shore, where Nicosias lawyer was waiting, not only violates Florida Statute 316.062, but it removes the unspoken trust that a Florida State licensed physician will help a fellow man in his time of need, and displays incivility and contempt unbecoming of a physician.

Dr. Roger M. Nicosias failure to uphold his sworn duty to the Florida Board of Medicine and his fellow man, is disrespectful and reprehensible. His actions before, during and after the incident would suggest that Nicosia is morally unfit to practice medicine in the State of Florida. His blatant and purposeful decision to avoid his ethical obligations tarnishes the meaning and pride associated with those physicians and citizens who uphold this promise daily. On January 9, 2009, Roger Nicosia was the one person with the expertise to assist in saving Robs life and he willfully avoided rendering aid. It is generally recognized that a moral or ethical duty to rescue arises where a person creates a hazardous situation, even when there is no legal duty to rescue. Medically trained persons have a duty to rescue other persons in distress by virtue of their common humanity, regardless of the specific skills of the rescuer or the nature of the victim's distress, even between strangers.
On behalf of myself and the others listed below, we respectfully request that you review the facts regarding this incident and agree that the imprudent behavior of this emergency medicine trained physician, Roger M. Nicosia, suggests he is morally unfit to act as a licensed physician in the State of Florida.

As a collective community, we hereby request that the Florida Board of Medicine revoke the medical license of Roger M. Nicosia for his egregious acts on January 9, 2009, and we further wish to file a joint complaint against Roger M. Nicosia branding him morally unfit to perform as a licensed physician.
Sincerely,

I support the aforementioned statement regarding the request for revocation of Roger M. Nicosias medical license. I would also like to include myself in the submission of a formal, ethical and moral complaint against Roger M. Nicosia regarding his conviction of a violation of navigational rules as entered by the Honorable Kathleen Roberts in Martin County, FL on Wednesday the 18th day of August, 2010.

[All referenced Florida Statutes are listed below]
Florida Statute 316.062 states:
(1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.
(2) In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit thereto the information specified in subsection (1).
(3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to a crash shall not be construed as extending to information which would violate the privilege of such person against self-incrimination.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
Florida Statute 327.30(5) states:

It is unlawful for a person operating a vessel involved in an accident or injury to leave the scene of the accident or injury without giving all possible aid to all persons involved and making a reasonable effort to locate the owner or persons affected and subsequently complying with and notifying the appropriate law enforcement official as required under this section. Any person who violates this subsection with respect to an accident resulting in personal injury commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who violates this subsection with respect to an accident resulting in property damage only commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Florida statute 327.331 states:
Florida statute 327.331 defines a "diver" as "any person who is wholly or partially submerged in the waters of the state and is equipped with a face mask and snorkel or underwater breathing apparatus." An underwater breathing apparatus may be self-contained (scuba) or connected to a remote air source via an air line.

Boaters must make a reasonable effort to stay 300 feet away from a dive flag in open water--100 feet on rivers, inlets, and navigation channels. Boats other than law enforcement or rescue boats may not travel faster than the minimum speed necessary to move forward and steer.