Call Us Today: (917) 304-3337


ARTICLES AND PUBLICATIONS:


Mark has over 30 articles in print. Recent articles arehyperlinked.For the FULL TEXT VERSION of the following documents, click the hyperlink in contrastingblue.

 

  • Preparing for the Usual Defenses in a Brain Damaged Baby Case. (2008). AAJ Birth Trauma Litigation,  co-authored with Nursine S. Jackson, MSN, RN. 




  •  The papers awarding us Summary Judgment for the plaintiff on a Shoulder Dystocia / Erb's Palsy case in Kingston, NY (Ulster Co.). Winning summary judgment in such a case is such a rarity that it may be of interest to those who follow medical malpractice cases.  Here are the motion papers that lead to this victory, followed by the court's decision: 

  •      Affirmation in Support of Cross Motion for Summary Judgment
  •      Affirmation in Opposition to Summary Judgment 
  •      Court's decision 
  •      Expert Affirmation
  •      Bad Faith Letter





  •  The "How to" article on Prosecuting E.M.T.A.L.A.


  • The winning Appellate Brief discussing a Hospital's Vicarious Liability for the Malpractice of an Independent Contractor Anesthesiologist and the Interplay between the "Unity in Interest" Doctrine and the "Mduba Rule"


  •  The Appellate Brief reviewing the Law and Ethics of Defendants' Ex Parte Interviews with Plaintiffs' Treating Physicians.


  •  The January 2000 article, "How to Vacate a Medicaid Lien in an Infant Case."






  • "Proving a Separate Cause of Action in Malpractice Cases, for Violation of the Federal Anti-Dumping Act," 14/5 Verdicts, Settlements & Tactics, 147 (May, 1994); reprinted by permission, 66/6 N.Y.S. Bar Journal, 34 (Sept.-Oct   1994 ).


  • "Discovery of Plaintiffs' Medical Information, and Protection of Privilege in DES Litigation," 12/7 Verdicts, Settlements & Tactics, 222 (July, 1992); reprinted by permission in 22/4 N.Y.S Trial Lawyers Quarterly, 28 (Summer, 1992).


  • "Not War But Peace: When A Physician Should Settle A Malpractice Case," 5/4 Medical Liability Reporter 254 (1984). 


  • "A Plaintiff's Attorney's Analysis of Medical Malpractice Reform," 196/48 New York Law Journal (Sept. 8, 1986, p.1, col. 1)


  • "Unauthorized Interviews with the Plaintiff's Physicians," 9/9 Verdicts & Settlements 288 (Sept. 1989).


ADDITIONAL ARTICLES

  • "Preclusion of Expert Testimony at Trial, for Failure to Exchange Expert Witness Information -- CPLR 3101(d)," 24/3 N.Y.S. Trial Lawyers Quarterly, (Spring, 1994).


  • "The Malpractice Defense Insurer: A Wolf In Sheep's Clothing." 2/19 N.Y. Doctor 8, (Nov. 27, 1989).


  • "Unauthorized Interviews with Doctors: 'Anker' Revisited," 20/1 Trial Lawyers Quarterly (1989).


  • "Trial Preparation of the Hostile Medical Malpractice Panelist", 19/3 Trial Lawyers Quarterly (1988).


  • "Baseless Affirmative Defenses," 17/4 Trial Lawyers Quarterly 54 (1986).


  • "Defending Motions for Summary Judgment in Medical Malpractice Cases," 17/1 Trial Lawyers Quarterly 4 (1985).


  • "Blocking the Distribution of an Underinsured Deceased Defendant's Estate," 16/1 Trial Lawyers Quarterly 30 (1984).


  • "Changes in the Theories of Liability and Malpractice Hearings," 15/3 Trial Lawyers Quarterly 49 (1983).


  • "Discovery of Peer Committee Review Reports in Malpractice Cases," 15/1 Trial  Lawyers Quarterly 55 (1983).


  • "Malpractice Panels and Questions of Fact," 14/2 Trial Lawyers Quarterly 4 (1982).


  • Over 30 articles in publication. Call for additional citations.



LECTURES & PRESENTATIONS:


Mark is a regular speaker for the American Association for Justice, the Academy of Trial Lawyers of the State of NY, and the NY State Trial Lawyers Association, and has done approximately 25 presentations.


Recent presentations were:


"Precluding Junk Science - the 'Natural Forces of Labor Defense'" for the Academy - Plainview, NY,  (April 2014) and Manhattan, NY (May 2014) together with Joseph M. Lichtenstein, Esq.


"Using the Audit Trail to Prove Medical Malpractice" - New York, NY together with Nursine Jackson (February 2011)



Copyright © The Law Offices of Mark R. Bower. All Rights Reserved.