News & Noteworthy

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.

Beytin McLaughlin is honored to be recognized as one of the 2025 Best Law Firms in Tampa for Insurance Law.    

Beytin McLaughlin was proud to recently serve as a Platinum Sponsor of the Federal Society for Healthcare Risk Management and Patient Safety (FSHRMPS) Annual Conference held in downtown Tampa, Florida, where Partners Gabrielle Osborne and Carissa Brumby spoke on “Intersection of State Investigations and Litigation”.  Also representing the firm at the conference were attorneys Mindy McLaughlin, Alan Mirelman, Lindsey Lamb, and Kaitlin Rosenthal.  This is the fifth year that Beytin McLaughlin has served as a platinum sponsor, and it is the firm’s hope to continue to serve as a sponsor of the conference for many more years.

Mark McLaughlin and Damien Hoffman obtained a defense verdict for a neurologist in a medical negligence lawsuit alleging the wrongful death of a 58 year old patient. Plaintiff claimed the neurologist mismanaged the patient’s Parkinson’s disease leading to the patient’s death. At the end of a heated trial, Plaintiff requested the jury award more than $10 million during closing argument. Instead, the jury found the neurologist was not negligent and returned a defense verdict.

Damien Hoffman obtained a summary judgment for a physician in a medical malpractice case pending in the Thirteenth Judicial Circuit (Hillsborough County). The Judge agreed the evidence obtained during discovery failed to support Plaintiff’s burden of proof.  

Beytin McLaughlin was proud to serve as a Platinum Sponsor of the FSHRMPS Annual Conference recently held in Orlando, Florida. Representing the firm at the conference were John Bocchino, Gabrielle Osborne-Gandhi, Carissa Brumby, Alan Mirelman and Travis Edmands. It is our firm’s privilege and pleasure to continue to assist the hospitals and health care providers throughout the State of Florida regarding their risk management and patient safety needs.