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FLORIDA RECORD

Tuesday, July 2, 2024

Plaintiff Alleges Negligence Against Medical Spa Resulting in Severe Burns

State Court
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A medical malpractice lawsuit has been filed against a Florida-based medical spa, alleging severe negligence that resulted in permanent injury and scarring for the plaintiff. The complaint was lodged by Tabatha Caraballo on June 17, 2024, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, against Health and Psychiatrist Consultants, LLC, doing business as Health and Psychiatry and Health & MedSpa.

According to the court documents, Caraballo claims that during a laser hair removal session on June 13, 2022, an employee of Health & MedSpa negligently used a laser over her tattooed right ankle. This action allegedly led to significant injuries including third-degree burns. The following day, Caraballo sought urgent care at Baycare Urgent Care due to pain and swelling in her leg. Medical professionals observed dead tissue forming over healthy skin and advised her to visit an emergency department immediately.

Caraballo's condition worsened, prompting her to go to St. Joseph’s Hospital North where she was diagnosed with cellulitis and necrosis around the affected area. Further evaluation at Central Florida Dermatology Institute confirmed a third-degree burn with charred ulceration exposing subcutaneous tissue. The plaintiff was informed that such burns often require excision, debridement, and grafting for proper healing.

The lawsuit accuses Health & MedSpa of failing to adhere to basic safety protocols by performing laser hair removal over a tattoo—a practice widely known within the industry as unsafe due to the deep embedding of pigment in the skin which lasers cannot distinguish from hair follicles. "Laser hair removal should never be performed over a tattoo," states the complaint emphatically.

In addition to accusing Health & MedSpa of direct negligence through its employee Geraldine Salazar Arena, Caraballo also alleges systemic failures within the organization. These include inadequate training for staff on laser treatments and insufficient policies for handling client complaints or burns resulting from procedures.

Caraballo is seeking damages exceeding $50,000 for personal injury, pain and suffering, disability, disfigurement, mental anguish, inconvenience, and medical expenses incurred due to her injuries. She demands judgment for all allowable damages under law along with costs and interest if applicable.

Representing Caraballo are attorneys Rebecca L. Williamson and Samantha J. Spandau from Morgan & Morgan P.A., while the case will be presided over by judges from the Circuit Court of Pinellas County under Case Number 24-002688-CI.

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