News & Noteworthy

Kaitlin Rosenthal and Mindy McLaughlin, along with appellate counsel, Dinah Stein, secured a major appellate win in the Fifth District Court of Appeals, which reversed the trial court’s denial of our clients’ motion to dismiss in a wrongful death medical malpractice action and remanded with instructions to dismiss three counts outright. The Court held that the plaintiff failed to provide the presuit notice required by Chapter 766, where the corroborating affidavit addressed only the alleged clinical negligence of the physician and did not support claims for lack of informed consent or direct negligence against the practice. This decisive ruling reinforces Florida’s strict presuit screening safeguards and curbs efforts to expand malpractice claims beyond what was properly vetted before suit.

Beytin McLaughlin is proud to announce that the following shareholders were named to the 2026 edition of the Best Lawyers List published by BL Rankings: Lawyer of the Year: Mark E. McLaughlin – Personal Injury Litigation – Defendants Best Lawyers: Mark E. McLaughlin – Medical Malpractice Law – Defendants; Personal Injury Litigation; Legal Malpractice Law – Defendants; and Appellate Practice Mindy McLaughlin – Medical Malpractice Law – Defendants; and Personal Injury Litigation – Defendants

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 Orlando, Florida, where shareholder Alan Mirelman served as part of a panel discussion on the current state of the Wrongful Death statute and the dangers of third party litigation funding.  Also representing the firm at the conference was partner Paul Nugent and senior associate Kaitlin Rosenthal.  This is the sixth 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.

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.