News & Noteworthy

Beytin shareholder Damien Hoffman recently spoke on informed consent at the 2025 Florida Society of Ambulatory Surgical Centers Quality & Risk Management Conference held in Tampa, Florida.

Mindy McLaughlin and Carissa Brumby secured another significant victory in Hillsborough County, where the Court granted partial summary judgment upholding the statutory Medicaid damages cap in a medical malpractice case. Plaintiffs opposed the motion, asserting that the issue was not yet ripe for summary judgment and additionally challenging the statute’s constitutionality on Equal Protection grounds. The Court rejected those arguments and adopted the Defendants’ position, finding that, consistent with applicable statutes, legislative history, controlling case law, and trial court rulings across the state, the Medicaid cap under § 766.118(6), Fla. Stat., was properly addressed at the summary judgment stage and withstands constitutional scrutiny under the rational basis test. This significant ruling establishes persuasive authority within the Thirteenth Judicial Circuit on the ripeness, constitutionality, and enforceability of § 766.118(6), reinforcing the statutory damages cap in cases involving Medicaid recipients.

Mindy McLaughlin achieved another important victory in Pasco County, where the Court granted partial summary judgment enforcing the statutory Medicaid damages cap in a medical malpractice action. Plaintiffs opposed the motion, arguing that the cap was unconstitutional on Equal Protection grounds and should not be addressed at the summary judgment stage. The Court rejected those arguments, agreeing with the defense that § 766.118(6), Fla. Stat., is supported by established statutes, legislative history, and case law, that it is properly resolved on summary judgment, and that it satisfies the rational basis test. This ruling adds to the growing body of persuasive authority throughout Florida upholding the constitutionality and enforceability of § 766.118(6), further reinforcing the statutory damages cap in cases involving Medicaid recipients.

In Polk County, Mindy McLaughlin successfully obtained partial summary judgment enforcing the Medicaid damages cap under § 766.118(6), Fla. Stat. Plaintiffs argued that the statute violated Equal Protection and failed to serve a legitimate state purpose. The Court firmly rejected those arguments, adopting the defense position that § 766.118(6), Fla. Stat., is constitutional under the rational basis test and enforceable as a matter of law. This outcome reinforces the strength and stability of the statutory damages cap in cases involving Medicaid recipients across Florida.

Mindy McLaughlin and Kaitlin Rosenthal successfully secured a motion for partial summary judgment enforcing the statutory Medicaid damages cap in a medical malpractice case—marking the first time such a motion has been granted in the Fifteenth Judicial Circuit (Palm Beach County). In response, Plaintiffs sought to have this Section declared unconstitutional on Equal Protection grounds. However, the Court agreed with the Defendants’ position, supported by applicable case law, statutes, and enacting legislation, and upheld Defendants’ assertion that Section 766.118(6) satisfies the rational basis test and remains constitutional. This pivotal ruling establishes persuasive authority within the Fifteenth Judicial Circuit on the constitutionality and enforceability of Section 766.118(6), reinforcing the statutory damages cap in cases involving Medicaid recipients.

Damien Hoffman secured a summary judgment in a wrongful death medical malpractice case pending in Hillsborough County. Plaintiff claimed the Defendant healthcare provider failed to properly treat a patient’s chronic pain which led to the patient committing suicide. The Judge agreed Defendant owed no duty to the patient given the undisputed facts and was not the cause of the patient’s death.

Mark McLaughlin and Damien Hoffman obtained a directed verdict for their client in a medical malpractice case in Hillsborough County where Plaintiff requested multiple millions of dollars during trial. Plaintiff alleged significant neurological injuries following a caudal epidural steroid injection. We successfully argued the Defendant physician owed no duty to the patient in determining whether the patient should have undergone the injection.

Mark McLaughlin and Damien Hoffman obtained a defense verdict for their client in a wrongful death medical malpractice case in Hillsborough County involving six statutory survivors where Plaintiff requested multiple millions of dollars during trial. Plaintiff alleged the patient died due to the failure of a neurologist to timely act upon an impending brain herniation.

Damien Hoffman obtained a dismissal for a Defendant healthcare provider in a medical malpractice case pending in Polk County based on the failure to comply with statutory pre-suit requirements. Hoffman successfully argued the expert witness who signed the verified written medical opinion was not qualified to render standard of care opinions against the Defendant healthcare provider. Since the pre-suit claim was defective, the Judge agreed with the defense and dismissed the case.