Mark E. Nichols is the managing partner of Wellman, Nichols & Smith, PLLC in Lexington, Kentucky and holds an AV® Preeminent™ Peer Review Rating from Martindale-Hubbell®. He takes great pride in exemplifying the firm maxim – “Outwork, Outlearn, Outthink.” 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 named the 2015 and 2019 Kentucky Trial Lawyer of the Year by the Kentucky Trial Court Review, being the only repeat recipient of that award. He was likewise named Lawyer of the Year, Medical Malpractice Law – Defendants by Best Lawyers® in 2017. He is recognized as a Super Lawyer by Super Lawyers®, a recognition only 5% of lawyers in America earn. 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 for the Eastern and Western Districts of Kentucky, as well as the U.S. Court of Appeals, for the 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.
ACADEMIC DEGREES
Juris Doctor – University of Kentucky
Law School – Dean’s List
Lexington, Kentucky – 1988
Salmon P. Chase, College of Law
Highland Heights, Kentucky
Attended 1985-1986
Dean’s List, Book Award
Bachelor of Science – Education
Asbury College – Dean’s List
Undergraduate Education
Wilmore, Kentucky – 1983
Diploma – Boyd H. Anderson High School
Lauderdale Lakes, Florida – 1979
LICENSURE
Kentucky Bar # 82717 (1988)
Tennessee Bar # 025144 (2007)
CURRENT PRACTICE AREAS
Medical Malpractice Defense, Personal Injury Law Insurance Defense, Appellate Matters and Administrative Matters
PREVIOUS PRACTICE AREAS
Employment, Commercial and Personal Lines, Construction Law, Corporate Law, including Mergers and Acquisitions, Banking and Immigration Law
LEGAL EXPERIENCE
1985 – 1986 Jolly & Blau
Newport, Kentucky
Personal Injury
Law Clerk
1986 – 1988 Greenebaum, Doll & McDonald
Lexington, Kentucky
Litigation
Summer Associate/Law Clerk
1988 – 1990 Greenebaum, Doll & McDonald
Lexington, Kentucky
Corporate and Immigration Litigation
Associate
1990 – 1995 Hays, Moss and Lynn
Lexington, Kentucky
Insurance Defense
Associate
1996 – 1998 Lynn, Fulkerson & Nichols, PLLC
Lexington, Kentucky
Insurance Defense
Managing Partner
1998 – 2008 Lynn, Fulkerson, Nichols & Kinkel, PLLC
Lexington, Kentucky
Insurance Defense
Managing Partner (through 2006)
2008 – 2010 Wellman & Nichols, PLLC
Lexington, KY
Managing Partner
2010 – present Wellman, Nichols & Smith, PLLC
Lexington, KY
Managing Partner
ADMISSIONS TO PRACTICE LAW
Commonwealth of Kentucky (1988)
State of Tennessee (2007)
U.S. District Court, Eastern District (1988)
U.S. District Court, Western District (1988)
U.S. Court of Appeals, Sixth Circuit (1988)
HONORS
Trial Lawyer of the Year, Kentucky Trial Court Review, 2015 and 2019 – First time repeat recipient of the award
Lawyer of the Year, Medical Malpractice Law – Defendants by Best Lawyers® in 2017
Recognized as a Super Lawyer, Super Lawyers® since 2016
Kentucky’s Best Lawyers, 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
Dean’s List, Asbury College
Dean’s List, Salmon P. Chase College of Law
Book Award, Legal Research, Salmon P. Chase College of Law
Dean’s List, University of Kentucky, College of Law
PREFERRED COUNSEL APPOINTMENTS AND REPRESENTATIVE CLIENTS
TeamHealth, Inc.
University of Kentucky Medical Center
OMS National Insurance Company Preferred Attorney Group
Virtual Radiographic, Inc.
Western Litigation, Inc.
SCP Health
The Doctors Company
Fortress Insurance Company
Medical Protective Company
Jackson & Coker
Mt. Hawley Insurance Company
Beazley Group
Universal Health Services, Inc. (UHS)
Pediatrix Medical Group
Nationwide Insurance Company
St. Paul Fire & Marine Insurance Company (1990-2000)
Special Training Courses in Cancer, Cardiac, Oral Surgery, Emergency Medicine and Cerebral Palsy Defense
PUBLICATIONS AND WRITINGS
- Immigration: Stiff New Employer Sanctions Under IRCA, Law Letter, Greenebaum, Doll & McDonald, June 1989.
- The Legal Aspects of Doing International Business in Kentucky, Contributing Author, Kentucky Cabinet for Economic Development, 1990.
- 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
PRESENTATIONS AND LECTURES
- Law and Education, Asbury College, 1987.
- Law and Education, Asbury College, 1989.
- Relief From Deportation, Immigration Support Services, 1991.
- Confidentiality of Medical Records, Lorman Business Center, 1995.
- Confidentiality of Medical Records, Medical Educational Services, 1995.
- Sports Medicine Symposium for High School Coaches, Trainers and Team Physicians, Eastern Kentucky University, 1995.
- Kentucky Athletic Trainers Association BGSG Symposium, 1995.
- Risk Management in Orthopedics, Kentucky Sports Medicine, 1995.
- Confidentiality of Medical Records, Lorman Business Center, 1996.
- Sports Medicine Symposium for High School Coaches, Trainers and Team Physicians, Eastern Kentucky University, June1996.
- Sports Medicine Symposium for High School Coaches, Trainers and Team Physicians, Eastern Kentucky University, September 1996.
- 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.
- Confidentiality of Medical Records, Lorman Business Center, 1997.
- 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.
- Access Issues and Advance Directives, CNA and Lexington Clinic Symposium, December 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.
- Advance Directives, Samaritan Hospital, February 1998.
- 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.
- 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