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Appellate Practice, Employment Litigation/Advice, Professional Liability/Claim Prevention
Health Care, Law Firms and Lawyers
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 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
Bar Admissions
Represented 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).
Represented 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).
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; Uram, No. A13-0102, 2013 WL 3779334 (Minn. App. July 22, 2013).
Represented 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).
Represented 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; Cunningham, No. A09-2073, 2010 WL 2486319 (Minn. App. June 22, 2010).
Obtained summary judgment and affirmance in malpractice action interpreting the applicability of Minnesota’s expert review statute; M.G.L. ex rel. D.L., No. A09-1327, 2010 WL 1753313 (Minn. App. May 4, 2010).
Obtained dismissal and affirmance for a hospital in a medical malpractice action involving the applicability of the expert review statute; Kolosky, No. A09-667, 2009 WL 4251139 (Minn. App. Dec. 1, 2009).
Obtained summary judgment and affirmance defining whether a duty is owed by a nurse to obtain informed consent under Minnesota law; D.N.N., No. A06-2266, 2008 WL 313898 (Minn. App. 2008) rev. denied Apr. 15, 2008.
Represented 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).
Represented 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; Hemmerlin-Stewart, No. A05-100, 2005 WL 2143691 (Minn. App. Sept. 6, 2005).
Successfully defended 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; Mason v. Minnesota State High School League, No. Civ. 03-6462, 2004 WL 1630968 (D. Minn., July 15, 2004).
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; Porter, No. C5-98-1342, 1999 WL 71470 (Minn. App. Feb. 16, 1999).
Obtained summary judgment and affirmance for large retailer in an insurance coverage matter involving an additional insured; K-Mart Corp., No. C9-97-703, 1997 WL 666088 (Minn. App. Oct. 28, 1997).
Defended 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).
Successfully defended a large retailer in a premises liability matter involving enforcement of Pierringer release; Wildman v. K-Mart, 556 N.W.2d 10 (Minn. App. 1996).
Successfully defended 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).
Represented 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).
Represented an insurance agency in a matter alleging that the acquisition of a group health policy occurred by misrepresentation of the scope of coverage; MNVA R.R., Inc. v. John Aldren Life Ins. Co., 507 N.W.2d 15 (Minn. App. 1993).
Represented 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).
Mark Whitmore Receives Medical Malpractice Jury Defense Verdict
Bassford Remele shareholder Mark R. Whitmore recently received a defense verdict in a jury trial...
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 Elected CEO; Jessica Klander Elected to Board of Directors
Mark Whitmore, a member of Bassford Remele for nearly three decades, has been elected to serve as...
Fifteen Bassford Remele Attorneys Selected to Best Lawyers
Bassford Remele is pleased to announce that fifteen lawyers have been included in the 2022 Edition...
Thirty-Two 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 2021...
Thirteen Attorneys Selected to Minnesota Monthly Top Lawyers List
Congratulations to these attorneys who were named to the 2022 Minnesota Monthly Top Lawyers List:...
Bar Associations
Professional Associations
Civic Involvement
Honors & Awards
Mr. Whitmore has been interviewed on health care topics.
Mr. Whitmore has written extensively on recurring legal issues that impact the health care community.
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.