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Mark R. Whitmore

Shareholder | Chief Executive Officer

Mark R. Whitmore

Shareholder | Chief Executive Officer

Email mwhitmore@bassford.com

Phone 612.376.1603

Fax 612.746.1203

Practice Groups

Appellate Practice, Employment, HealthCare, Professional Liability/Claim Prevention, Data Privacy and Cybersecurity

Industry Groups

Health Care Industry, Law Firms and Legal Organizations Industry

Overview Education & Admissions Experience News & Events Professional & Civic Accolades Publications Seminars

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 courtrooms.

Mr. Whitmore has more than 30 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 currently serves as the Chief Executive Officer at Bassford Remele. He previously served as the firm’s Chief Operating Officer for seven years.

EDUCATION & ADMISSIONS

Education

University of Iowa College of Law, J.D., With Distinction, 1992
- Phi Delta Phi, President
- Moot Court Board of Directors
- Iowa Law Review, staff member
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
North Dakota
Wisconsin

EXPERIENCE

Representative Cases

Representation of American Medical Association, Minnesota Hospital Association and Minnesota Medical Association as amicus in appeal to Minnesota Supreme Court about whether Minnesota recognizes ostensible agency as a viable cause of action. Warren v. Dinter, 926 N.W.2d 370 (Minn. 2019).

Obtained summary judgment and affirmance for a physician at the Court of Appeals in a case of first impression that clarified the timing mechanisms in Minnesota’s expert-review statute, Minn. Stat. § 145.682. Firkus v. Harms, 914 N.W.2d 414 (Minn. App. 2018).

Representation of amicus curiae nursing home in a matter involving a city’s decision to deny a conditional use permit application for another nursing home to expand its existing assisted living services by adding a third building to its campus. RDNT, LLC v. City of Bloomington, 861 N.W.2d 71 (Minn. 2015).

Defense of a health system at trial, obtaining a defense jury verdict in a physical therapy injury case.

Obtained summary judgment and affirmance for a physician in a medical malpractice matter involving alleged claims of misdiagnosis, delayed diagnosis, and lack-of-informed consent.

Representation of amicus curiae Minnesota Hospital Association and Minnesota Medical Association in a medical malpractice case of first impression involving Minnesota’s “loss of chance” doctrine. Dickhoff v. Green, 836 N.W.2d 321 (Minn. 2013).

Obtained dismissal of the American Medical Association in a matter involving alleged antitrust and RICO violations; 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).

Representation of amicus curiae Minnesota Hospital Association and MMIC Group/MMIC Insurance in a case of first impression interpreting the ability to cure under Minnesota’s expert review statute. Wesely v. Flor, 806 N.W.2d 36 (Minn. 2011).

Obtained dismissal for a hockey association accused of breach of contract, antitrust violations, and tortious interference with business. Minnesota Made Hockey, Inc. v. Minnesota Hockey, Inc., 789 F. Supp. 2d 1133 (D. Minn. 2011).

Obtained summary judgment and affirmance for a hospital in an action involving the immunity provisions of the Minnesota Commitment Act.

Obtained summary judgment and affirmance in malpractice action interpreting the applicability of Minnesota’s expert review statute.

Obtained dismissal and affirmance for a hospital in a medical malpractice action involving the applicability of the expert review statute.

Obtained summary judgment and affirmance defining whether a duty is owed by a nurse to obtain informed consent under Minnesota law.

Representation of amicus curiae Minnesota Hospital Association, Minnesota Medical Association, and American Medical Association in a case of first impression involving claims of negligent credentialing. Larson v. Wasemiller, 738 N.W.2d 300 (Minn. 2007).

Representation of amicus curiae Minnesota Hospital Association, Minnesota Medical Association, American Medical Association, Minnesota Orthopaedic Association, American Association of Orthopaedic Surgeons, American College of Emergency Physicians, and American Academy of Pediatrics, Minnesota Chapter in a matter involving the Child Abuse Reporting Act. Becker v. Mayo Found., 737 N.W.2d 200 (Minn. 2007).

Obtained summary judgment and affirmance for a hospital in a medical malpractice action interpreting the applicable statute of limitations.

Successful defense of the Minnesota State High School League in an action seeking an injunction under Title IX, Minn. Stat. § 121A.04, and the Equal Protection Clause of the Fourteenth Amendment arising out of the location of the Minnesota State High School Girl’s Hockey Tournament.

Obtained summary judgment and affirmance for a local physician, hospital, and others in an action alleging defamation, intentional infliction of emotional distress, negligence, and false imprisonment. Mellett v. Fairview Health Servs., 634 N.W.2d 421 (Minn. 2001).

Obtained defense verdict and affirmance on appeal for national corporation alleging breach of contract, violation of Minnesota Termination of Sales Representative Act, and declaratory relief. Anderson Marketing, Inc. v. Maple Chase, Inc., 241 F.3d 1063 (8th Cir. 2001).

Obtained summary judgment and affirmance for hospital accused of racial discrimination under the MHRA for the manner it operated its emergency department.

Obtained summary judgment and affirmance for national retailer in an insurance coverage matter involving an additional insured.

Defense of a corporation and an individual in a banking industry matter involving the Change in Bank Control Act of 1978, 12 U.S.C. § 1817(j), engaging in self-dealing and insider transactions, and monetary penalties for statutory and regulatory violations. Lindquist & Vennum v. F.D.I.C., 103 F.3d 1409 (8th Cir. 1997).

Successful defense of a national retailer in a premises liability matter involving enforcement of Pierringer release. Wildman v. K-Mart, 556 N.W.2d 10 (Minn. App. 1996).

Successful defense of a national corporation in which the Minnesota Supreme Court clarified the interpretation of the McDonnell-Douglas test under Minnesota law in a case alleging race discrimination in violation of the Minnesota Human Rights Act. Hasnudeen v. Onan Corp., 552 N.W.2d 555 (Minn. 1996).

Representation of a medical facility in a medical malpractice action alleging failure to timely diagnose. Koch v. Mork Clinic, P.A., 540 N.W.2d 526 (Minn. Ct. App. 1995).

Obtained dismissal and affirmance in a case involving liability for a health care provider arising from the criminal acts of a third party who murdered a patient. Kay v. Fairview Riverside Hosp., 531 N.W.2d 517 (Minn. App. 1995).

Successfully obtained a jury verdict and affirmance for a defendant manufacturer accused of discrimination in a case involving allegations of discriminatory discharge and violations of Title VII of the Minnesota Human Rights Act. Jeffries v. Metro-Mark, Inc., 45 F.3d 258 (8th Cir. 1995).

Obtained dismissal and affirmance for a health system in a case alleging liability for the criminal acts of a third party. K.L. v. Riverside Medical Center, 524 N.W.2d 300 (Minn. App. 1994).

Representation of an insurance agency in a matter alleging that the acquisition of a group health policy occurred by misrepresentation of the scope of coverage.

Representation of an individual in a matter alleging unlawful discrimination in hiring, illegal recordkeeping, and defamation. Butler v. Leadens Investigations and Sec., Inc., 503 N.W.2d 805 (Minn. App. 1993).

NEWS & EVENTS

Bassford Remele | Upcoming Events and Newsletters

Bassford Remele 2025 Health Care Seminar Wednesday, June 18, 2025Please join the Bassford Remele...

Bassford Remele Year in Review

Dear Valued Clients and Friends, As we reflect on another remarkable year at Bassford Remele, we...

26 Attorneys Selected to Best Lawyers and Ones to Watch

Bassford Remele is proud to announce that 26 of our attorneys have been recognized in the 2025...

Twenty-Nine Attorneys Selected to Super Lawyers Lists; Lew Remele is Top Vote-Getter

Bassford Remele is pleased to announce that Lewis Remele is the top vote-getter in the 2024...

10 Attorneys Named to the 2024 Minnesota Monthly Top Lawyers List

Congratulations to our attorneys on the 2024 Minnesota Monthly Top Lawyers List: Aram V. Desteian,...

Firm Welcomes Four Attorneys; Launches Corporate Group & Offers Family Services

Bassford Remele Welcomes Four New Attorneys, Launches a Corporate & Transactions Practice...

Mark Whitmore Named 2024 Best Lawyers "Lawyer of the Year"

Best Lawyers® has recognized Bassford Remele shareholder Mark R. Whitmore as its 2024 “Lawyer of...

Lewis Remele Receives Service to the Profession Award

Lewis Remele received Minnesota Lawyers' Outstanding Service to the Profession Award. He is the...

Mark Whitmore Receives Expert Review Minnesota Court of Appeals Win

In Firkus v. Harms, the Minnesota Court of Appeals recently held that Minn. Stat. Sec. 145.682, the...

Mark Whitmore Receives Medical Malpractice Jury Defense Verdict

Bassford Remele shareholder Mark R. Whitmore recently received a defense verdict in a jury trial...

PROFESSIONAL & CIVIC

Bar Associations

Minnesota State Bar Association
- Health Law Section
Iowa State Bar Association
State Bar of North Dakota
State Bar of Wisconsin
Hennepin County Bar Association

Professional Associations

Minnesota Defense Lawyers Association
Minnesota Hospital Association
Minnesota Society of Healthcare Risk Management
North Dakota Hospital Association

Civic Involvement

Benilde St. Margaret’s High School Hall of Honor, Volunteer Service Award, 2019
Benilde-St. Margaret's Senior High School, Assistant Mock Trial Coach, 2017-present
Benilde-St. Margaret's Football Booster Club, President, 2016-2019
Armstrong Traveling Basketball, Coach, 2007-2014

ACCOLADES

Honors & Awards

Amicus Award, Minnesota Defense Lawyers Association, 2016
Best Lawyers, Minneapolis Medical Malpractice Law-Defendants Lawyer of the Year, 2024 and 2020
Rated AV Preeminent® by Martindale-Hubbell®
Top Lawyers list, Minnesota Monthly, Health Care Law, 2022-2024; Medical Malpractice Law, 2024
Minnesota Super Lawyers list, Super Lawyers, 2003-present
Minnesota Rising Stars list, Super Lawyers, 1999-2002

Mark R. Whitmore

Rated by Super Lawyers

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Publications

Mr. Whitmore has been interviewed on health care topics.

Saying "I'm Sorry" and Other Legal Dimensions of Bad Outcomes, The Carlat Report, Addiction Treatment, Vol. 2, No. 2, March 2014
Steering Clear of Malpractice Cases, Today's Hospitalist, November 2010

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. He is also frequently invited to present on health law and medical malpractice issues at the University of Minnesota’s Law School and Medical School and several other colleges and universities.

The Minnesota Commitment Act: Legal Issues Impacting Physicians,Nurses, Hospitals and Mental Health Professionals, presenter, PESI, Inc. Minnesota Mental Health & The Law, February 21, 2020
Basics of Mediation and Negotiation, presenter, Macalester College, November 5, 2019
Open Meeting of the Litigation Center of the American Medical Association and the State Medical Societies, presenter, San Diego, CA, November 17, 2019
Hot Topics in Medical Malpractice, presenter, Minnesota State Bar Association Health Law Section, October 11, 2019
Did the Supreme Court Change the Practice of Medicine in Minnesota?, presenter, American Board of Trial Advocates (ABOTA) Minnesota Chapter, September 4, 2019
The Implications of Warren v. Dinter, presenter, Bassford Remele Health Care Law Seminar, May 29, 2019
The Minnesota Commitment Act: Legal Issues Impacting Physicians,Nurses, Hospitals and Mental Health Professionals, presenter, PESI, Inc. Minnesota Mental Health & The Law, February 8, 2019
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, PESI, Inc. Minnesota Mental Health & The Law, January 29, 2018
Treatment Rights, presenter, PESI, Inc. Minnesota Mental Health & the Law, 2017 Seminar, 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, PESI, Inc. Minnesota Mental Health & the Law 2016 Seminar, 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 Perspective, guest 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, MN, 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