Trentalange & Kelley, P.A.Trentalange & Kelley, P.A.2026-08-25T05:00:09Zhttps://www.tktampa.com/feed/atom/WordPress/wp-content/uploads/sites/1504304/2024/12/cropped-TK-site-icon-c-32x32.pngOn Behalf of Trentalange & Kelley, PA<![CDATA[Can medical malpractice cause a brain injury in Florida?]]>https://www.tktampa.com/?p=474632026-08-25T05:00:09Z2026-08-25T05:00:09ZHow medical negligence can cause brain damage
A TBI occurs when a bump, blow, jolt or other outside force disrupts brain function. Medical care can cause this type of injury in some cases. For example, a patient may suffer physical trauma during a procedure or fall because a healthcare provider failed to take proper safety measures.
Medical negligence can also cause brain damage without causing a TBI. Examples include:
Failing to recognize and treat a stroke
Delaying treatment for a serious condition
Giving the wrong medication or dose
Failing to respond to dangerously low oxygen levels
Failing to monitor a patient during or after a procedure
Giving anesthesia improperly and causing oxygen loss
These events may cause acquired, hypoxic or anoxic brain injuries rather than TBIs. This distinction can help show what happened and what medical evidence may support a claim.
What must be shown in Florida?
Under Florida law, a patient generally must show that a healthcare provider failed to meet the standard of care expected from a similar provider in similar circumstances. The patient must also show that this failure caused the injury. A poor medical outcome alone does not prove negligence.
For example, a patient may suffer a TBI after falling and hitting their head because a healthcare facility failed to address a known safety risk. In another case, negligent care may deprive the brain of oxygen. That injury would generally fall outside the TBI category.
Timing also matters in Florida medical malpractice cases. State law generally gives patients two years to bring a claim after they discover, or reasonably should have discovered, the connection between medical care and the injury, subject to limited exceptions. That deadline may arrive before a patient fully understands the cause of the brain injury. Early review of the facts can therefore matter.
Why the distinction matters
Brain injuries may require long-term treatment, rehabilitation and daily support. They can affect memory, movement, communication and the ability to work.
Knowing whether the injury came from physical trauma, oxygen loss, a stroke or another medical event can help identify the right medical evidence. It can also help determine whether the facts support a medical negligence claim under Florida law.
Patients and families can review the treatment timeline and medical records to better understand how the injury occurred. When medical negligence causes brain damage, identifying the type of injury and its cause can provide an important starting point for understanding what happened.]]>On Behalf of Trentalange & Kelley, PA<![CDATA[What questions should you ask after a wrong-site surgery?]]>https://www.tktampa.com/?p=474612026-08-05T16:13:27Z2026-08-05T16:13:27ZWhat happened during the surgery?
Ask your medical team to explain exactly what occurred. Find out what procedure they performed, how it differed from the planned surgery and if your original condition still needs treatment since they did not complete the intended procedure.
Florida law treats surgery on the wrong body part or the wrong patient as a medical error that can create a presumption of negligence in a malpractice case. Even so, understanding the facts first can help you make informed decisions about your care before considering legal action.
How will this affect your condition?
A wrong-site surgery can lead to additional health concerns, so ask how the mistake may affect your condition now and in the future. Depending on what happened, you may need corrective surgery, additional treatment or closer monitoring during your recovery.
Also ask about possible complications, changes to your recovery timeline and whether the delay in treating your original condition could affect your long-term health. Knowing what to expect can help you prepare for the care you may need in the weeks and months ahead.
What options do you have now?
After you understand the medical impact, ask about your next steps. Your healthcare team should explain any recommended follow-up treatment, identify who will oversee procedures and tell you if the hospital has started reviewing what happened.
You should also ask how your providers plan to address your ongoing medical needs, especially if the original condition still requires treatment. Understanding the plan for your care can help you make informed decisions as you recover.
Protect your rights after a wrong-site surgery
Getting answers after a wrong-site surgery can help you make informed decisions about both your health and your legal rights. If you believe a preventable medical error caused your injury, an attorney can help you determine whether pursuing a medical malpractice claim is appropriate while you focus on your recovery.]]>by Trentalange & Kelley, PA<![CDATA[Can a hospital infection be caused by medical negligence?]]>https://www.tktampa.com/?p=474602026-07-31T17:20:28Z2026-07-31T17:20:28ZWhat must be proven in a Florida hospital infection malpractice claim?
A Florida hospital infection malpractice claim must show that poor medical care caused the infection and harmed the patient. These cases can involve complex medical records, and a malpractice lawyer can help review the evidence and assess the claim.
Key elements that must be proven include:
Failure to meet the standard of care: The claim must show that the hospital or healthcare provider failed to follow accepted safety practices. Examples include poor hygiene, unsterile equipment, improper wound care, unsafe medical device use or delayed treatment of infection signs.
Causation: The claim must show that the provider’s actions or failure to act caused the infection or made it worse. Medical records, treatment history and expert reviews can help prove this connection.
Damages: The infection must cause measurable harm. This harm may include additional treatment, longer hospital stays, increased medical costs, permanent injuries, lost income or other losses.
Strong medical evidence can help determine whether a hospital-acquired infection resulted from preventable negligence or an unavoidable medical risk.
Evidence that can support a hospital infection claim
A hospital infection alone does not prove medical malpractice. A claim must show that poor medical care caused the infection and the resulting harm.
Key evidence may include:
Medical records: These records show the patient’s health condition, medical history, procedures and care received during the hospital stay.
Laboratory results: Test results can identify the infection and help determine when it may have developed.
Treatment records: These records show how healthcare providers responded to infection symptoms and provided care.
Infection-control records: These documents can show whether the hospital followed proper safety steps, including hygiene, cleaning and sterilization procedures.
Device and wound care records: These records can help identify whether surgical wounds, catheters or other medical devices contributed to the infection.
Expert medical opinions: Medical experts can review the care provided and determine whether it met accepted medical standards.
Treatment timelines: A clear timeline of symptoms, testing and treatment can help show whether negligent care contributed to the infection.
This evidence can help determine whether preventable medical errors caused a hospital infection.
Holding negligent care providers accountable
A preventable hospital infection can create serious health and financial challenges for patients and families. It may require more treatment, cause lasting injuries or lead to the loss of a loved one. A careful legal review can help determine whether poor medical care caused the infection and support efforts to seek accountability and compensation.]]>On Behalf of Trentalange & Kelley, PA<![CDATA[Did anesthesia errors cause your catastrophic injury?]]>https://www.tktampa.com/?p=474592026-07-16T09:07:41Z2026-07-16T09:07:41ZWhat types of anesthesia mistakes happen?
Medical professionals can make several types of errors when giving anesthesia. Common mistakes include:
Incorrect dosage of anesthesia given to a patient
Delayed delivery causing patients to wake during surgery
Failure to monitor vital signs properly during procedures
Failure to review patient medical histories for drug interactions or allergies
Unnoticed equipment malfunctions leading to complications
Some errors cause brief harm, such as nausea, confusion or lasting grogginess after surgery. Others lead to much worse outcomes, including brain damage, nerve injuries or death. When medical professionals fall below the accepted standard of care, their actions may count as medical malpractice.
When does it count as medical negligence?
Not every anesthesia error automatically qualifies as medical negligence. Under Florida law the following elements must be present:
The medical professional owed the patient a duty of care
The provider fell below the accepted standard of care
That breach directly caused the patient's injury
The patient suffered real, measurable harm as a result
Florida also requires a written medical opinion before a lawsuit can proceed. A qualified medical professional must confirm that negligence likely occurred.
What steps can injured patients take?
Florida law gives injured patients the right to seek compensation for medical malpractice. Patients generally have 2 years from the date the injury was found to file a claim. No claim can be filed more than 4 years after the event, with some exceptions. Compensation can cover medical bills, lost income and pain and suffering.
Start by gathering all medical records tied to the procedure and the injury. These records form the base of a malpractice claim. It may also help to write down a detailed account of what happened. Include dates, names and any conversations that took place before, during and after the procedure.
Holding negligent providers accountable
The pain and hardship caused by anesthesia errors extends far beyond physical injuries. Families face emotional trauma and financial burdens. These are not unavoidable complications but are the results of preventable mistakes. Taking action can help secure the support needed for recovery.]]>On Behalf of Trentalange & Kelley, PA<![CDATA[Can a delayed C-section lead to a baby’s HIE diagnosis?]]>https://www.tktampa.com/?p=474572026-07-16T09:04:11Z2026-07-16T08:55:33Z trust your medical team to act quickly if labor takes an unexpected turn. Sometimes, a baby shows signs that delivery needs to happen right away. A timely C-section may help prevent a lack of oxygen and lower the risk of serious birth injuries. A delay at the wrong time, however, could lead to hypoxic ischemic encephalopathy or HIE, a brain injury that may affect your child's future.
Many parents ask why a C-section did not happen sooner and if faster medical care could have changed the outcome. Learning how doctors watch for problems during labor may help answer some of those questions.
What is HIE and how can oxygen deprivation affect your baby?
HIE happens when a baby does not get enough oxygen and blood flow before or during birth. The brain needs oxygen to work properly. If the brain goes without oxygen for too long, permanent damage may occur.The effects can differ from one child to another. Some children have mild delays as they grow. Others may need ongoing medical care, therapy or daily support.
How do fetal monitors and Apgar scores reveal possible distress?
Doctors use fetal heart monitors during labor to check how your baby responds to contractions. A slow heart rate, repeated drops in the heart rate or other unusual patterns may show that your baby is in distress. Meconium, which is a baby's first stool, in the amniotic fluid may also signal a problem.After birth, doctors give an Apgar score. This quick test checks your baby's heart rate, breathing, muscle tone, reflexes and skin color. A low score does not prove HIE. Still, a low score along with other medical findings may suggest your baby did not get enough oxygen during labor.
How can a delayed C-section increase the risk of HIE?
Some labor problems need fast action. Placental abruption, pressure on the umbilical cord or ongoing signs of fetal distress may mean a baby needs an emergency C-section. An avoidable delay could give the brain less oxygen and increase the risk of a serious injury.Your medical records may also help explain what happened. Delays in responding to fetal distress, missing notes or a long wait between the decision to perform a C-section and the delivery may raise questions about the care you received. Florida law says health care providers generally must meet the accepted standard of care when treating patients.
Finding answers after an HIE diagnosis
An HIE diagnosis may bring medical bills, long term care needs and many changes for your family. If the facts support a medical malpractice claim, Florida law may allow you to seek compensation for medical expenses, future care, pain and suffering and other related losses.If you believe a delayed C-section contributed to your child's HIE diagnosis, our firm offers a free case review. We can review your medical records, explain your legal options in plain language and discuss whether your situation may support a birth injury or medical malpractice claim.]]>On Behalf of Trentalange & Kelley, PA<![CDATA[When does a surgical complication rise to medical malpractice in Florida?]]>https://www.tktampa.com/?p=474542026-07-14T23:17:54Z2026-07-14T23:17:54ZDoes a bad surgical outcome automatically equal malpractice?
A poor result or unexpected complication does not automatically constitute medical negligence in Florida. Surgery carries inherent risks, and even technically sound procedures can result in serious complications. To establish malpractice, the injury must result from a breach of the prevailing professional standard of care, meaning a reasonably trained surgeon in the same specialty would not have made the same error under similar circumstances.
The legal standard of care for Florida surgeons
According to state law, the standard of care is the level of care, skill, and treatment that reasonably prudent similar healthcare providers recognize as acceptable under the same conditions. In surgical error cases, this standard generally requires proper anatomical identification before making incisions, adherence to recognized techniques tailored to the patient's specific anatomy and medical history, active monitoring during the procedure to identify complications before closing, and prompt post-operative evaluation when complications are suspected. A qualified medical expert in the same specialty must review the surgical record and confirm that the surgeon's conduct fell below this standard before a Florida case can proceed.
Florida's pre-suit screening requirement
Florida requires a verified written expert opinion before a medical malpractice lawsuit can be filed. The attorney must conduct a reasonable investigation and obtain a written opinion from a qualified expert who actively practices or teaches in the relevant specialty. That opinion must accompany the initial Notice of Intent to initiate litigation. Without it, a Florida court will dismiss the claim.
Deadlines for filing a surgical malpractice claim
The statute of limitations for medical malpractice is two years from the date of the incident or two years from the date the injury was or reasonably should have been discovered. Florida also imposes a four-year statute of repose, meaning no claim may be filed more than four years after the date of the alleged negligence, regardless of discovery, unless the provider fraudulently concealed the error.
Because building a Florida surgical malpractice case requires gathering hospital records, conducting a medical review, and securing a qualified expert opinion, consulting an attorney as early as possible is essential to protecting your right to recovery.
]]>On Behalf of Trentalange & Kelley, PA<![CDATA[When trust is broken: Your rights after a misdiagnosis in Florida]]>https://www.tktampa.com/?p=474552026-07-08T11:36:00Z2026-07-08T11:25:22ZElements of a medical malpractice claim
An injured patient should show more than a misdiagnosis alone. The key issue is whether the health care provider failed to meet the accepted standard of care and caused real harm (physical, emotional or financial) as a result.
In practice, that means proving four legal elements in a Florida medical malpractice claim: duty of care, breach of that duty, causation and damages.
It is crucial to note that before filing suit, Florida law requires a careful pre-suit process, which typically includes conducting a reasonable investigation and written support from a qualified medical practitioner under Sections 766.106 and 766.203.
Ways illnesses are frequently misidentified
Common forms of misdiagnosis include:
Failure to diagnose cancer while it was still in an early, treatable stage
Mistaking a heart attack for acid reflux or anxiety
Overlooking clear signs of a stroke
Misidentifying serious infections
Misreading lab or imaging results
These errors often stem from rushed exams, inadequate testing or poor communication between providers. Each mistake can send a patient down the wrong treatment path and lead to serious or even fatal consequences.
Importance of legal advocacy
In Florida, a patient generally must file a medical negligence claim within two years from the date of knowing or having reason to learn that an injury occurred and that medical malpractice may have caused it. In many cases, a four-year statute of repose also applies, subject to limited exceptions like fraud, concealment or intentional misrepresentation.
Insurance companies and hospital defense teams often move quickly to limit exposure. Reviewing medical records carefully, however, can help document the full extent of the harm.
Remember, misdiagnosis does not have to define a patient’s future. Legal counsel can help affected patients and families assess whether they have a viable case.]]>On Behalf of Trentalange & Kelley, PA<![CDATA[Can improper use of forceps lead to birth injury?]]>https://www.tktampa.com/?p=474522026-06-19T20:06:55Z2026-06-19T20:06:55ZChildbirth can be one of the most important and stressful moments for the mother and family. Parents trust healthcare providers to monitor the labor very carefully and make decisions that are best for the well-being of the mother and baby.
Sometimes, complications during labor might necessitate medical intervention to help ensure a safer delivery. Healthcare providers might use forceps to assist a baby through the birth canal and guide the baby’s head during delivery.
Why are forceps used during delivery?
When labor does not progress as expected or when there is a concern about the baby’s condition during delivery. Forceps are used to help complete the delivery safely and avoid any risk to the mother and baby.Forceps delivery needs careful attention to many factors such as the baby’s position, labor progress and signs of distress. If these factors are not evaluated properly, the risk of injury might increase.
Potential injuries associated with the use of forceps
Even though forceps are used to help avoid complications, incorrect use can lead to complications and risks. When medical professionals apply extra force, or forceps are used in unsuitable circumstances, it can cause serious injuries to both the mother and the baby. Possible newborn injuries may include:
Facial paralysis
Facial nerve damage
Skull fracture
Bleeding inside the skull
Brachial plexus injuries that affect the shoulder, arm or hand
Brain injuries caused by trauma or low oxygen supply
Mothers also might suffer from complications because of forceps, such as serious tears, pelvic injuries and excessive bleeding.The severity of injuries might be different for everyone. Some babies might recover fully, while others could need some medical treatment, therapy and special care.
Questions might arise after a difficult delivery
Not all birth injuries are caused by negligence. Childbirth can have many risks and complications, even when healthcare providers give appropriate care.However, there might be concern when injuries happen along with delayed decision-making, ignoring fetal distress or using forceps when other delivery options would have been more appropriate. In such cases, the family might want to understand what situation led to the decision to use the forceps.
Impact of birth injuries on the family
A birth injury affects more than just the delivery itself. Parents might have unexpected medical expenses and uncertainty about the child’s future. Knowing the factors that can happen helps prepare for any future challenges.When questions arise about whether there was any way to avoid birth injury, we believe that reliable information might help families in Florida get help by learning about their options during the delivery in order to make an informed decision.]]>On Behalf of Trentalange & Kelley, PA<![CDATA[Is wrong-site surgery automatically malpractice in Florida?]]>https://www.tktampa.com/?p=474512026-06-19T12:53:12Z2026-06-19T12:53:12ZIs wrong-site surgery automatically malpractice in Florida?
The moments before surgery are filled with nervous anticipation. Patients count on their surgical team to get everything right. When wrong-site surgery happens, that trust shatters completely. Wrong-site surgery is one of the most serious types of medical errors. Learning how Florida addresses it can help you understand your legal options. In such cases, you may be entitled to compensation.
How does Florida view wrong-site surgery?
Not every medical error automatically qualifies as malpractice under Florida law. Medical malpractice claims generally require proof of specific elements. However, wrong-site surgery receives special treatment.
Florida law has a presumption of negligence when surgery is performed on the wrong patient, wrong organ or wrong limb. This means the law presumes the medical provider breached the standard of care. The burden then shifts to the healthcare provider to disprove negligence.
What evidence supports a claim?
Medical records are critical evidence in these cases. Surgical notes, consent forms and pre-operative checklists can help establish what went wrong. Photographs, witness statements and communications with the surgical team can also support the case.
Before filing a malpractice lawsuit, Florida law requires an affidavit from a qualified medical professional. This affidavit must confirm that there are reasonable grounds to believe negligence occurred. The medical professional providing the affidavit must be a similar health care provider who devoted professional time to clinical practice or teaching in the same specialty as the defendant within the three years before the incident.
How long do patients have to file a claim?
Patients have two years from the date they discovered or should have discovered the injury to file a lawsuit. However, they cannot file claims more than four years after the incident occurred. When you miss these deadlines, you may lose the right to seek compensation. This is is why it is important to take prompt action after the wrong-site surgery happens.
Taking steps towards recovery
No patient should suffer the consequences of wrong-site surgery. Florida law recognizes these harms and provides paths to seek justice. Every patient deserves proper care, and holding providers accountable can help prevent future errors.]]>On Behalf of Trentalange & Kelley, PA<![CDATA[Florida wrongful death claim: The two-year deadline]]>https://www.tktampa.com/?p=474502026-06-09T19:58:13Z2026-06-09T19:58:13ZHow the clock works in medical negligence cases
Generally, the two-year statute of limitations starts on the date of death. However, exceptions such as the discovery rule may apply to a surgical error in a Tampa hospital or abuse in a South Florida nursing facility. Florida courts strictly enforce these deadlines. Judges rarely grant extensions, even if you are waiting for autopsy results or medical records. Delaying an investigation allows hospitals and corporations to escape liability.
Factors that consume the filing timeline
A thorough investigation of a medical malpractice claim requires heavy preparation before you can file a lawsuit. You must account for several legal steps:
Medical record retrieval: You must gather thousands of pages of patient charts from multiple clinics
Expert verification: You need to find independent medical professionals to confirm that a doctor breached the standard of care
Pre-suit notification: Sending a mandatory legal notice to the at-fault parties pauses the deadline for a 90-day review period
Meeting these early requirements takes months of hard work.
What missing the deadline means for a family
If a family misses the filing window without a legal exception, they lose the right to seek compensation. A judge will almost certainly dismiss a late claim, no matter how obvious the hospital's mistake was. As months pass, vital evidence vanishes. Internal emails, shift logs and scans can disappear. This weakens your case.
Where this leaves families seeking justice
Building a strong case to uncover the truth behind an unexpected death requires quick action. Grieving families should review their options for filing wrongful death suits as soon as they suspect malpractice. An attorney who knows state laws helps clear legal hurdles well before the deadline expires. Acting fast protects vital evidence. It also puts you in the strongest position to hold negligent providers accountable.]]>