Disclaimer

Please be advised that contacting Bassford Remele, P.A. by email does not establish a lawyer-client relationship. Instead, a written engagement agreement is required. By sending us an email, you agree that Bassford Remele, P.A. will have no duty to keep confidential the information you provide to it unless and until there is an engagement agreement.

If you agree, please click on the "Submit" button below to continue processing your email message.

SUBMIT

Back to People

Mark R. Whitmore

Shareholder

Mark R. Whitmore

Shareholder

Practice Groups

Appellate Practice, Employment Litigation/Advice, Professional Liability/Claim Prevention

Industry Groups

Health Care, Law Firms and Lawyers

Overview

Mr. Whitmore is a trial lawyer who represents and counsels health systems and other businesses and professionals in litigation, risk management, licensing, governmental investigations, and compliance matters.

A sought-after litigator, Mr. Whitmore represents a majority of the health systems in the Twin Cities, including their outstate locations. He takes pride in seeing each matter through conclusion and partners closely with his clients to achieve their goals anywhere from conference rooms to court rooms.

Mr. Whitmore has more than 25 years of experience successfully litigating matters to verdict in state and federal courts across the Midwest. He has also successfully represented many physicians and other professionals in licensing disputes before regulatory entities.

Mr. Whitmore served as Bassford Remele’s Chief Operating Officer for seven years, also previously serving on the firm’s Management and Compensation Committees.

Education & Admissions

Education

  • University of Iowa College of Law, J.D., With Distinction, 1992
    • Iowa Law Review, staff member
    • Moot Court Board of Directors
    • Phi Delta Phi, President
  • Macalester College, B.A., magna cum laude, 1989

Bar Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. District Court, District of Minnesota
  • Minnesota
  • Iowa
  • Wisconsin

Experience

Representative Cases

Firkus v. Harms, No. A17-1088, 2018 WL 1997591 (Minn. Ct. App. Apr. 30, 2018).

RDNT, LLC v. City of Bloomington, 861 N.W.2d 71 (Minn. 2015).

Uram v. Nipper, No. A13-0102, 2013 WL 3779334 (Minn. Ct. App. July 22, 2013). 

Dickhoff v. Green, 836 N.W.2d 321 (Minn. 2013).

Uhr v. Responsible Hospitality Institute, Inc., No. 10-CV-4945, 2011 WL 4091866 (D. Minn. 2011), aff’d 2012 WL 2893492 (8th Cir. 2012), cert den. 133 S. Ct. 1248 (2013).

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. Ct. App. June 22, 2010).

M.G.L. ex rel. D.L. v. Zabezhinsky, No. A09-1327, 2010 WL 1753313 (Minn. Ct. App. May 4, 2010).

Kolosky v. Woodwinds Hosp., No. A09-667, 2009 WL 4251139 (Minn. Ct. App. Dec. 1, 2009).

D.N.N. v. Berestka, No. A06-2266, 2008 WL 3131898 (Minn. Ct. App. 2008) rev. denied Apr. 15, 2008.

Larson v. Wasemiller, 738 N.W.2d 300 (Minn. 2007).

Hemmerlin-Stewart v. Allina Hospitals & Clinics, No. A05-100, 2005 WL 2143691 (Minn. Ct. App. Sept. 6, 2005).

Mason v. Minnesota State High School League, No. Civ. 036462 (D. Minn., Dec. 30, 2003).

Mellett v. Fairview Health Servs., 634 N.W.2d 421 (Minn. 2001).

Anderson Marketing, Inc. v. Maple Chase, Inc., 241 F.3d 1063 (8th Cir. 2001).

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. Ct. App. Apr. 6, 1998).

K-Mart Corp. v. Clean Sweep, No. C9-97-703, 1997 WL 666088 (Minn. App. Oct. 28, 1997).

Lindquist & Vennum v. F.D.I.C., 103 F.3d 1409 (8th Cir. 1997).

Wildman v. K-Mart, 556 N.W.2d 10 (Minn. Ct. App. 1996).

Hasnudeen v. Onan Corp., 552 N.W.2d 555 (Minn. 1996).

Koch v. Mork Clinic, P.A., 540 N.W.2d 526 (Minn. Ct. App. 1995).

Kay v. Fairview Riverside Hosp., 531 N.W.2d 517 (Minn. Ct. 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. Ct. 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. Ct. App. 1993).

Professional & Civic

Bar Associations

  • Minnesota State Bar Association
    • Health Law Section
  • Iowa State Bar Association
  • State Bar of Wisconsin
  • Hennepin County Bar Association

Professional Associations

  • Minnesota Defense Lawyers Association
  • Minnesota Hospital Association
  • Minnesota Society of Healthcare Risk Management

Civic Involvement

  • Benilde-St. Margaret's Football Boosters Club, President, 2016-present
  • Armstrong Traveling Basketball, Coach, 2007-2014

Accolades

Honors & Awards

  • Amicus Award, Minnesota Defense Lawyers Association, 2016
  • The Best Lawyers In America©, Health Care Law and Medical Malpractice Law, 2016-present
  • Rated AV Preeminent® by Martindale-Hubbell®
  • Minnesota Super Lawyers list, Super Lawyers, 2003-present
  • Minnesota Rising Stars list, Super Lawyers, 1999-2002

Publications

Mr. Whitmore has been interviewed on health care topics.

Mr. Whitmore has written extensively on recurring legal issues that impact the health care community.

  • A Survivor's Guide to Larson v. Wasemiller: An Aid to Eliminating Reversible Error in Managing Negligent Credentialing Claims Under Minnesota Law, author, William Mitchell Journal of Law & Practice, 2008
  • Help!  I’ve Been Sued – A Guide to Surviving a Physician’s Nightmare, author, Minnesota Medicine, June 2005
  • Navigating Minnesota’s Vulnerable Adult Act: Understanding Reportable Neglect and Why it Matters, author, Minnesota Society of Healthcare Risk Managers Quarterly Report, May 2002
  • Decisions of the Supreme Court and DHHS Continue to Expand Hospital Liability Under EMTALA, author, The Health Lawyer, A Publication of the Health Law Section of the American Bar Association, Vol. 11, No. 3, April 1999
  • Legal Issues in Responding to Purchase Requests for Proposals for Healthcare Services, author, National Health Lawyers Association, April 1994
  • Partial Settlements: Insurance Coverage, author, Minnesota Defense, Spring/Summer, 1993
  • Denying Scholarship Athletes Workers' Compensation: Do Courts Punt Away A Statutory Right?, author, Iowa Law Review, 1991

Seminars

Mr. Whitmore is regularly asked to speak on issues regarding civil litigation, hospital risk management, the Minnesota Commitment Act and disputes with licensing agencies.

  • Maltreatment of Vulnerable Adults, panel member, Minnesota Governmental Relations Council, June 19, 2018
  • The Minnesota Commitment Act: Legal Issues Impacting Physicians,Nurses, Hospitals and Mental Health Professionals, presenter, Minnesota Mental Health & The Law, PESI, Inc., January 29, 2018
  • Treatment Rights, presenter, Minnesota Mental Health & the Law, 2017 Seminar, PESI, Inc., February 20, 2017
  • Don’t Let Prescribing Narcotics Cause You Pain, presenter, HealthEast Care System, November 11, 2016 and June 16, 2016
  • Treatment Rights, presenter, Minnesota Mental Health & the Law 2016 Seminar, PESI, Inc., February 26, 2016
  • The Supreme Court’s Creation of Loss of Chance: A Drastic Change in Minnesota Medical Malpractice Cases, presenter, St. Joseph’s Hospital Grand Rounds, August 5, 2013
  • The Law on Ostensible Agency in Medical Malpractice Cases, presenter, 2013 Medical Malpractice Conference, Minnesota Defense Lawyers Association, Hennepin County Bar Association and Minnesota Association for Justice, April 18, 2013
  • Health Care Law and Liability: A Defense Perspectiveguest lecturer, Hamline School of Law, October 2012
  • Legal Developments in Minnesota Medical Malpractice Cases, presenter, Minnesota Society of Healthcare Risk Management Spring Seminar, June 22, 2012 and Aon Healthcare Forum, Aon Risk Solutions, May 2, 2012
  • Physician Discipline: A Review of the Minnesota Board of Medical Practice Complaint Review Process, presenter, Minnesota State Bar Association, Health Law Section, April 20, 2012
  • The Testifying Expert: Getting the Most Out of Your Expert at Deposition and Trial, panel member, Hennepin County Bar Association, Civil Litigation Section, March 12, 2012
  • Ostensible Agency/Apparent Authority: Kramer v. St. Cloud Hospital, presenter, Minnesota Hospital Association, February 17, 2012
  • Mock Trial, Minnesota Society for Healthcare Risk Management Spring Seminar, June 3, 2011
  • Crisis Management – What to do when…?panel member with Children’s Hospitals and Clinics of Minnesota General Counsel Maria Christu and Allina Health System General Counsel Elizabeth Truesdell Smith, Minnesota State Bar Association, Health Law Section, September 16, 2009
  • Negligent Credentialing as a Civil Cause of Action: Surviving Larson v. Wasemiller, presenter, Minnesota State Bar Association, Health Law Section, October 19, 2007
  • Poor Nursing Documentation: How to Turn Good Nursing Care Bad Without Even Trying, presenter, HealthEast DREAM Day Nurses’ Training, St. Paul, Minn., November 2, 2006
  • Negligent Credentialing and Civil Liability for Failing to Report Suspected Child Abuse: Recent Developments in Minnesota Courts, presenter, Minnesota Medical Association Board of Trustees, July 8, 2006 and Minnesota State Bar Association, Health Law Section, December 9, 2005
  • Negligent Credentialing as a Potential Cause of Action in Minnesota: The Legal Implications of Larson v. Wasemiller, presenter, Minnesota Society of Healthcare Risk Managers, December 6, 2005
  • The Minnesota Adverse Health Event Reporting Act--An Experiment in Health Care Cooperation and Patient Safety, presenter, Medical Malpractice Conference sponsored by Hennepin County Bar Association, Minnesota Defense Lawyers Association and Minnesota Trial Lawyers Association, April 21, 2005
  • Treatment Rights and the Minnesota Commitment Act: Legal Issues Impacting Physicians, Hospitals and Mental Health Care Professionals, presenter, The Minnesota Osteopathic Medical Society 106th Spring Convention and Scientific Seminar, April 23, 2004
  • Government Regulations Arising Out of Patient Grievances, keynote speaker, Minnesota Association of Patient Representatives’ Meeting, February 28, 2002
  • Department of Health Investigations: A Chill on Patient Safety?, presenter, Minnesota Executive Session on Patient Safety, November 2001
  • Help!! It's HCFA!! Practical and Legal Strategies for Surviving Government Investigations, presenter, Minnesota Society of Healthcare Risk Managers, May 2001