Mark E. Nichols

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Mark E. Nichols

Managing Partner
Location:
Lexington, Kentucky
Phone:
866-554-5430
Fax:
859-368-8221
Email:
AV Preeminent 2016
Mark E. Nichols is the managing partner of Nichols Walter PLLC in Lexington, Kentucky and holds an AV® Preeminent™ Peer Review Rating from Martindale-Hubbell®. His practice areas include medical malpractice, personal injury, licensure and regulatory cases in Kentucky and Tennessee. Mark has handled everything from simple slip and fall accident cases to complex catastrophic injury and wrongful death cases involving medical malpractice, including serving as lead counsel for one of the primary physicians in the high risk and complex “Cardiac Stent” cases in London, Kentucky. He served as lead counsel in the only two of such cases that were tried, both of which resulted in defense verdicts. Mark has a reputation as a tenacious and effective litigator and as an accomplished and polished trial attorney. He was recently recognized as the 2015 Kentucky Trial Lawyer of the Year by the Kentucky Trial Court Review. Mark earned his undergraduate degree from Asbury College in 1983 and his law degree from the University of Kentucky in 1988. He is licensed to practice in the state courts of Kentucky and Tennessee and in the U.S. District Court and the U.S. Court of Appeals, 6th Circuit. He has been recognized in U.S. News and World Report's Best Lawyers®, Best Lawyers in America®, Marquis Who's Who in American Law®, the National Registry of Who's Who® and Strathmore's Who's Who®. He has received client defense attorney awards and has written numerous continuing legal education publications. In addition, he frequently is invited to speak at seminars and symposiums, both on the state and national level.

Areas of Practice

  • Medical Malpractice Defense
  • Personal Injury Law
  • Insurance Defense
  • Appellate Matters
  • Administrative Matters

Litigation Percentage

  • 100% of Practice Devoted to Litigation

Bar Admissions

  • Kentucky, 1988
  • Tennessee, 2007
  • U.S. Court of Appeals 6th Circuit, 1988
  • U.S. District Court Eastern District of Tennessee, 1988
  • U.S. District Court Western District of Tennessee, 1988

Education

  • University of Kentucky College of Law, Lexington, Kentucky
    • J.D. - 1988
    • Honors: Dean's List
  • Salmon P. Chase College of Law, Highland Heights, Kentucky - 1986
    • Honors: Dean's List
    • Honors: Book Award
  • Asbury College, Wilmore, Kentucky
    • B.S., Bachelor of Science - 1983
    • Honors: Dean's List
    • Major: Education
  • Boyd H. Anderson High School, Lauderdale Lakes, Florida
    • Diploma - 1979

Published Works

  • Co-Author, Legal Aspects of Doing International Business in Kentucky, Kentucky Cabinet for Economic Development, 1990
  • Immigration: Stiff New Employer Sanctions Under IRCA, Law Letter, Greenebaum, Doll & McDonald, June 1989
  • Relief From Deportation, Immigration Support Services, 1991
  • Legal Issues for the Coach, 1995
  • Confidentiality of Medical Records, Lorman Business Center, 1995
  • Confidentiality of Medical Records, Medical Educational Services, 1995
  • Legal Issues for the Athletic Trainer, 1995
  • Legal Issues for the Coach, 1996
  • Confidentiality of Medical Records, Lorman Business Center, 1996
  • Cooperating With Defense Counsel, St. Paul Fire & Marine Insurance Company September 1996
  • Legal Issues for the Athletic Trainer, 1996
  • Legal Issues for the Coach, 1997
  • Confidentiality of Medical Records, Lorman Business Center, 1997
  • Legal Issues for the Athletic Trainer, 1997
  • Legal Issues for the Cheerleading Coach, 1997
  • Access Issues and Advance Directives, CNA, 1997
  • Working With Defense Counsel, Southeast Kentucky Area Health Education Center, 1997
  • Advance Directives, 1998
  • Proof Problems and Practice Pointers in Slip and Fall Cases, National Business Institute, 1999
  • Objections to the Oral Testimony of Witnesses, National Business Institute, 2000
  • Expert Witnesses, National Business Institute, 2000
  • Procedural Aspects of Medical Malpractice, National Business Institute, 2001
  • The Internet – Your Newest Tool for Medical Malpractice Claims, National Business Institute, 2001
  • Discovery Tools and Tactics in Medical Negligence Cases, National Business Institute, 2002
  • Expert Witnesses, National Business Institute, 2002
  • Preparing to Successfully Defend a Medical Malpractice Suit, GE Medical Protective, November 2002
  • The Internet: Your Newest Tools for Medical Malpractice Claims, National Business Institute, 2003
  • Procedural Aspects of Medical Malpractice, National Business Institute, 2003
  • Informed Consent, Recent Developments and a Trial Attorney’s Perspective on Risk Management Issues, GE Medical Protective, October 2003
  • Personal Injury 101, National Business Institute, 2012
  • So, You Want to be a Physicians: A Survey of Physicians, Pepperdine University, First Year Seminar, 2012
  • Anatomy of a Lawsuit – Avoiding Pitfalls, SMSNA National Conference, Las Vegas, NV, 2015

Representative Clients

  • Maryland Casualty Group
  • St. Paul Fire & Marine Insurance Company
  • TeamHealth, Inc.
  • University of Kentucky Medical Center
  • OMS National Preferred Attorney Group
  • Virtual Radiographic, Inc.
  • State Volunteer Insurance Company
  • Schumacher Group
  • Fortress Insurance Company
  • Jackson & Coker, LLC
  • Medical Protective Insurance Company
  • Western Litigation, Inc.
  • Pediatrix Medical Group
  • Mt. Hawley Insurance Company
  • Nationwide Insurance Company

Classes/Seminars

  • Law and Education, Asbury College, 1987
  • Relief from Deportation, Immigration Support Services, 1991
  • Legal Issues for Athletic Trainers, Kentucky Association of Athletic Trainers, 1995
  • Legal Issues for the Coach, Sports Medicine Symposium of Kentucky Sports Medicine, 1995
  • Confidentiality of Medical Records, National Business Institute, 1995
  • Law and Education, Asbury College, 1989
  • Sports Medicine Symposium for High School Coaches, Trainers and Team Physicians, Eastern Kentucky University, 1995
  • Sports Medicine Symposium for High School Coaches, Trainers and Team Physicians, Eastern Kentucky University, June, 1996
  • Sports Medicine Symposium for High School Coaches, Trainers and Team Physicians, Eastern Kentucky University, September, 1996
  • Kentucky Athletic Trainers Association BGSG Symposium, 1995
  • Patient Relations and Complaint Handling – Cooperating with Defense Counsel, St. Paul Fire & Marine Insurance Company, Employed Physicians of Appalachian Regional Healthcare, September 6, 1996
  • Risk Management for Physical Therapists, Kentucky Sports Medicine, 1996
  • Sports Medicine Symposium for High School Cheerleading Coaches, Eastern Kentucky University, June 1997
  • Working With Defense Counsel, Risk Management for ARH Physicians, Southeast Kentucky Area Health Education Center, September 13, 1997
  • Risk Management for Orthopedics, Kentucky Sports Medicine, 1997
  • Risk Management for Physical Therapists and Athletic Trainers, Joyner Medical, 1997
  • Symposium for High School Coaches and Team Physicians, Ephriam McDowell Medical Center, 1997
  • Premises Liability: Preparation of a Difficult Case in Kentucky, National Business Institute, 1999
  • How to Successfully Make and Manage Objections at Trial in Kentucky, National Business Institute, 2000
  • Advanced Issues in Medical Malpractice, National Business Institute, 2001
  • Handling Medical Negligence Cases in Kentucky, National Business Institute, 2002
  • Risk Management Rounds: Physicians, GE Medical Protective Company, November 12, 2002
  • Advanced Issues in Medical Malpractice, National Business Institute, March 7, 2003
  • Risk Management Essentials for Physicians, GE Medical Protective, October 2003

Honors and Awards

  • AV® Preeminent™ Peer Review Rating, Martindale-Hubbell®
  • Trial Lawyer of the Year, Kentucky Trial Court Review, 2015
  • Kentucky’s Best Lawyers, 2012-Present
  • Defense Star, OMS National Insurance Company
  • Best Lawyers in America, 2007-Present
  • Marquis Who’s Who in American Law
  • Life Member, National Registry of Who’s Who, 2000 Edition
  • Strathmore’s Who’s Who, 2000-2001 Edition
  • Nominee, National Republican Committee, Tax Reform Workshop, 2001

Professional Associations and Memberships

  • American Inns of Court, Henry Clay Inn, Member
  • American Bar Association, Member, 1988 - 2000
  • Defense Research Institute, Member
  • Fayette County Bar Association, Member
  • Kentucky Bar Association, Member
  • Tennessee Bar Association, Member
  • Kentucky Defense Counsel, Member
  • Kentucky Academy of Hospital Attorneys, Member
  • Business Advisory Council, National Republican Committee, Member, 2001 - Present

Past Employment Positions

  • Greenebaum, Doll & McDonald, Summer Associate/Law Clerk, 1986 - 1988
  • Jolly & Blau, Law Clerk, 1985 - 1986
  • Greenebaum, Doll & McDonald, Associate, 1988 - 1990
  • Hays, Moss and Lynn, Associate, 1990 - 1995
  • Lynn, Fulkerson & Nichols, PLLC, Managing Partner, 1996 - 1998
  • Lynn, Fulkerson, Nichols & Kinkel, PLLC, Managing Partner (through 2006), 1998 - 2008
  • Wellman & Nichols, PLLC, Managing Partner, 2008 - 2010

Pro Bono Activities

  • All Broward Locksmiths, 1976 - 1983
  • St. Paul United Methodist Church, Director of Choirs and Youth, 1983 - 1984
  • First Baptist Church, Director of Music, 1985 - 1987
  • St. Luke United Methodist Church, Director of Sr. High Choir, 1994 - 1997
  • Trinity Christian Academy, Board of Directors, 2000 - 2003
  • Trinity Christian Academy, Development and Public Relations Chairman, 2000 - 2002
  • Trinity Christian Academy, Extra-Curricular Activities and Long Range Planning Chairman, 2002 - 2003
  • First Presbyterian Church of Plantation, Florida (PCA), 1965-1984
  • First Baptist Church of Covington, Kentucky, 1985-1987
  • St. Luke United Methodist Church Lexington, Kentucky, 1988-1999
  • Southland Christian Church, 1999 - Present
  • Ichthus Ministries, Inc., Board of Directors, Vice Chair, 2006 - 2011
  • Asbury College Achieve Program, Advisory Board, 2007 – 2009
  • Kentucky Bar Foundation, Fellow
  • Centenary United Methodist Basketball League, Coach, 2002-2003
  • Boy Scouts of America, Pack 226, Lexington, Kentucky, Den Leader, 1998- 2002
  • YMCA, Basketball Coach, 2001-2002
  • Lexington Youth Soccer Association, Coach, 1999-2000
  • Porter Memorial Basketball League, Coach, 1998-1999
  • Student Government Representative, Asbury College, 1979-1981
  • Student Bar Association, University of Kentucky, College of Law, 1986-1988
  • United Christian Athletes Basketball Team, Coach, 2003-2004
  • I Am Third Basketball League, Coach, 2003-2004
  • Boy Scouts of America, Troop 226, Lexington, Kentucky, Adult Volunteer 2002- 2006
  • Lexington Indoor Soccer, U14, Coach 2004- 2007 – Champions Several Times
  • Lexington Indoor Soccer, U12, Coach 2004- 2006 – Champions Several Times
  • Lexington Indoor Soccer, U18, Coach 2006- 2010 – Champions Several Times
  • Boy Scouts of America, Troop 226, Committee Member, 2004-2006
  • CLASS A Soccer, Founder and Administrator, 2007-2012

Ancillary Businesses

  • Wellman, Nichols & Smith, PLLC, Managing Partner, 2010-Present

Fraternities/Sororities

  • Delta Theta Phi