Mark R. Whitmore
Chief Operating Officer/Managing Partner
Mark Whitmore is a shareholder with Bassford Remele, a position he has held since 1999. He joined the firm as an associate in 1992. He is also a member of the firm's Management Committee and currently seves as the Chief Operating Officer. His practice focuses on civil litigation. Mr. Whitmore has successfully tried cases in federal and state courts throughout the upper midwest involving a wide range of areas including medical malpractice, commercial and employment disputes, and personal injury.
Although he handles a wide range of matters, much of his practice focuses on defending medical malpractice claims and providing guidance to area hospitals on risk management, claim prevention and governmental investigations. This practice extends to the representation of doctors, nurses and other professionals in matters pending before the Minnesota licensing boards.
In addition, Mr. Whitmore regularly represents contractors in construction disputes and employers in the defense of employment-related claims. He also has represented several plaintiffs in negotiating multi-million dollar settlements in connection with injuries they sustained in motor vehicle accidents caused by drivers operating their vehicles under the influence of alcohol. Mr. Whitmore lives in Plymouth, Minnesota, with his wife and three children. In his spare time, he enjoys golfing, coaching basketball, and spending time with his family.
Areas of Practice
Health Care Law
University of Iowa College of Law
Honors: With Distinction, Moot Court Board of Directors; President, Phi Delta Phi Legal Fraternity
Law Review: Iowa Law Review
B.A., Economics and Business, and Speech Communication, 1989
Honors: Magna Cum Laude
Varsity Basketball, 4-Year Letter Winner, Academic All-Conference, 1989
Varsity Golf, 2-Year Letter Winner, Team Captain 1987-1988, 1988-1989
U.S. District Court, District of Minnesota, 1992
U.S. Court of Appeals, Eighth Circuit, 1994
Honors and Awards
- Super Lawyer, Minnesota Law & Politics/Super Lawyers, 2003 - 2012
- Top Lawyer, MPLS.ST.PAUL Magazine, 2003 - 2012
- Super Lawyer, Twin Cities Business, 2003 - 2012
- Rising Star, Minnesota Law & Politics, 1999 - 2002
Professional Associations and Memberships
American Bar Association
Minnesota State Bar Association
Member, Health Law Section
Hennepin County Bar Association
Minnesota Defense Lawyers Association
Iowa State Bar Association
Minnesota Hospital Association
Minnesota Society of Healthcare Risk Management
- A Survivor's Guide to Larson v. Wasemiller: An Aid to Eliminating Reversible Error in Managing Negligent Credentialing Claims Under Minnesota Law, Wm. Mitchell J.L. & Prac. 2 (2008)
- Help! Ive Been Sued -- A Guide to Surviving a Physicians Nightmare, Minnesota Medicine, June, 2005
- Navigating Minnesotas Vulnerable Adult Act: Understanding Reportable Neglect and Why it Matters, Minnesota Society of Healthcare Risk Managers Quarterly Report, May, 2002
- Decisions of the Supreme Court and DHHS Continue to Expand Hospital Liability Under EMTALA, The Health Lawyer, A Publication of the Health Law Section of the American Bar Association, Vol. 11, No. 3, April, 1999
- Denying Scholarship Athletes Workers' Compensation: Do Courts Punt Away A Statutory Right? 76 Iowa L. Rev. 763, 1991
- Partial Settlements: Insurance Coverage, Minnesota Defense, Spring/Summer, 1993
- Legal Issues in Responding to Purchase Requests for Proposals for Healthcare Services, National Health Lawyers Association, April, 1994
Classes and Seminars
- Frequent Lecturer on Topics Pertaining to Medical Record Release, Issues, Trends and Developments in Medical Malpractice Litigation, and on Recent Developments in Peer Review by Health Care Providers
- Speaker, The Law on Ostensible Agency in Medical Malpractice Cases, 2013 Medical Malpractice Conference, Minnesota Defense Lawyers Association, Hennepin County Bar Association and Minnesota Association for Justice, April 18, 2013
- Speaker, Amendments to the Minnesota Rules of Civil Procedure, Allina Legal Department, April 3, 2013
- Guest Lecturer, Health Care Law and Liability: A Defense Perspective, Hamline Law School, October, 2012
- Speaker, Legal Developments in Minnesota Medical Malpractice Cases, Minnesota Society of Healthcare Risk Management Spring Seminar, June 22, 2012
- Speaker, Legal Developments in Minnesota Medical Malpractice Cases, Minnesota Society of Healthcare Risk Management Spring Seminar, May 2, 2012
- Speaker, Physician Discipline: A Review of the Minnesota Board of Medical Practice Complaint Review Process, Minnesota State Bar Association, Health Law Section, April 20, 2012
- Panel Member, The Testifying Expert: Getting the Most Out of Your Expert at Deposition and Trial, Hennepin County Bar Association, Civil Litigation Section, March 12, 2012
- Speaker, Ostensible Agency/Apparent Authority: Kramer v. St. Cloud Hospital, Minnesota Hospital Association, In-House Legal Counsel Committee, February 17, 2012
- Mock Trial, Minnesota Society for Healthcare Risk Management Spring Seminar, June 3, 2011
- Panel Member (with Children's Hospitals and Clinics of Minnesota General Counsel Maria Christu and Allina Health System General Counsel Elizabeth Truesdell Smith), Crisis Management - What to do when...? Minnesota State Bar Association, Health Law Section, September 16, 2009
- Speaker, Negligent Credentialing as a Civil Cause of Action: Surviving Larson v. Wasemiller, Minnesota State Bar Association, Health Law Section, October 19, 2007
- Speaker, Poor Nursing Documentation: How to Turn Good Nursing Care Bad Without Even Trying, HealthEast DREAM Day Nurses Training, St. Paul, Minnesota, November 2, 2006
- Speaker, Marketing Partner Panel: Marketing Strategies, Legal Marketing Association-Minnesota Chapter, November 2, 2006
- Speaker, Negligent Credentialing and Civil Liability for Failing to Report Suspected Child Abuse: Recent Developments in Minnesota Courts, Minnesota Medical Association Board of Trustees, July 8, 2006
- Speaker, Negligent Credentialing as a Potential Cause of Action in Minnesota: The Legal Implications of Larson v. Wasemiller, Minnesota State Bar Association, Health Law Section, December 16, 2005
- Speaker, Negligent Credentialing as a Potential Cause of Action in Minnesota: The Legal Implications of Larson v. Wasemiller, Minnesota Society of Healthcare Risk Managers, December 6, 2005
- Speaker, The Minnesota Adverse Health Event Reporting Act--An Experiment in Health Care Cooperation and Patient Safety, Medical Malpractice Conference sponsored by Hennepin County Bar Association, Minnesota Defense Lawyers Association and Minnesota Trial Lawyers Association, April 21, 2005
- Speaker, Treatment Rights and the Minnesota Commitment Act: Legal Issues Impacting Physicians, Hospitals and Mental Health Care Professionals, The Minnesota Osteopathic Medical Society 106th Spring Convention and Scientific Seminar, April 23, 2004
- Speaker, The Adverse Health Event Legislation: A Primer on Recent Developments, Minnesota Society for Healthcare Risk Managers, July, 2003
- Speaker, Navigating the Minnesota Vulnerable Adult Act, Minnesota Hospital and Healthcare Partnership, June, 2002
- Keynote Speaker, Government Regulations Arising Out of Patient Grievances, Minnesota Association of Patient Representatives' Meeting, February 28, 2002
- Speaker, Department of Health Investigations: A Chill on Patient Safety? Minnesota Executive Session on Patient Safety, November, 2001
- Speaker, Help!! It's HCFA!! Practical and Legal Strategies for Surviving Government Investigations, Minnesota Society of Healthcare Risk Managers, May, 2001
- Speaker, Recent Developments in Peer Review, Minnesota Society of Healthcare Risk Managers, July, 1998
- Speaker, Legal Issues Pertaining to Emergency Room Searches, Minnesota Society of Healthcare Risk Managers, February, 1995
- Speaker, Legal Issues in Responding to Purchase Requests for Proposals in Healthcare Series, National Health Lawyers Association Convention, April, 1994
- Speaker, Recent Developments in the Law of Medical Malpractice, Northfield Hospital Executive Committee Retreat
Children's Hospitals and Clinics
Chubb Group of Insurance Companies
Fairview Health System
HealthEast Care System
Minnesota State High School League
National Specialty Insurance Company
The Travelers Companies, Inc.
- Uhr v. Responsible Hospitality Institute, Inc., No. 10-CV-4945, 2011 WL 4091866 (D. Minn. Sept. 14, 2011).
- Wesely v. Flor, 806 N.W.2d 36 (Minn. 2011).
- Minnesota Made Hockey, Inc. v. Minnesota Hockey, Inc., 789 F. Supp. 2d 1133 (D. Minn. 2011).
- Minnesota Made Hockey, Inc. v. Minnesota Hockey, Inc., 761 F. Supp. 2d 848 (D. Minn. 2011).
- Cunningham v. HealthEast St. Joseph's Hospital, No. A09-2073, 2010 WL 2486319 (Minn. App. June 22, 2010).
- M.G.L. ex rel. D.L. v. Zabezhinsky, No. A09-1327, 2010 WL 1753313 (Minn. App. May 4, 2010).
- Kolosky v. Woodwinds Hosp., No. A09-667, 2009 WL 4251139 (Minn. App. Dec. 1, 2009).
- D.N.N. v. Berestka, No. A06-2266, 2008 WL 3131898 (Minn. App. 2008) rev. denied April 15, 2008.
- Larson v. Wasemiller, 738 N.W.2d 300 (Minn. 2007).
- Larson v. Wasemiller, 718 N.W.2d 461 (Minn. Ct. App. 2006).
- Hemmerlin-Stewart v. Allina Hospitals and Clinics, No. A05-100, 2005 WL 2143691 (Minn. App. Sept. 6, 2005).
- Mason v. Minnesota State High School League, No. Civ. 036462 (D. Minn., Dec. 30, 2003).
- Mellett v. Fairview Health Services, 634 N.W.2d 421 (Minn. 2001).
- Anderson Marketing, Inc. v. Maple Chase, Inc., 241 F.3d 1063 (8th Cir. 2001).
- Mellett v. Fairview Health Services, No. CX-00-608, 2000 WL 1376544 (Minn. App. Sept. 26, 2000).
- Porter v. Children's Health-Care Minneapolis, No. C5-98-1342, 1999 WL 71470 (Minn. App. Feb. 16, 1999).
- Schroeder v. State, No. C4-98-1879, 1998 WL 1033270 (Minn. App. Apr. 6, 1998).
- K-Mart Corp. v. Clean Sweep, No. C9-97-703, 1997 WL 666088 (Minn. App. Oct. 28, 1997).
- Lindquist and Vennum v. F.D.I.C., 103 F.3d 1409 (8th Cir. 1997).
- Wildman v. K-Mart, 556 N.W.2d 10 (Minn. App. 1996).
- Hasnudeen v. Onan Corp., 552 N.W.2d 555 (Minn. 1996).
- Hasnudeen v. Onan Corp., 531 N.W.2d 891 (Minn. App. 1995).
- Koch v. Mork Clinic, P.A., 540 N.W.2d 526 (Minn. App. 1995).
- Kay v. Fairview Riverside Hosp., 531 N.W.2d 517 (Minn. App. 1995).
- Jeffries v. Metro-Mark, Inc., 45 F.3d 258 (8th Cir. 1995).
- K.L. v. Riverside Medical Center, 524 N.W.2d 300 (Minn. App. 1994).
- MNVA R.R., Inc. v. John Aldren Life Ins. Co., 507 N.W.2d 15 (Minn. App. 1993).
- Butler v. Leadens Investigations and Sec., Inc., 503 N.W.2d 805 (Minn. App. 1993).
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