Mark R. Bower's Publications

For the last 19 years, Mark R. Bower has been a member of the Editorial Advisory Board of the Medical Liability reporter (the leading national monthly magazine on malpractice issues) and a Contributing Editor of the New York State Trial Lawyers Quarterly.

Mark R. Bower's CV Mark R. Bower's Seminars Professional Staff Home

PUBLICATIONS

For the FULL TEXT VERSION of the following documents, click the link in contrasting brown font:

Preparing for the Usual Defenses in a Brain Damaged Baby Case. (2008). AAJ Birth Trauma Litigation Section Publication. Coauthored with Nursine S. Jackson, MSN, RN.

Discovery of Sentinel Event and Root Cause Analysis Documents in Erb's Palsy and Malpractice Litigation. (2008). New York Litigation Review. Volume1. No. 1. Co-authored with Jackson, N.S.

The papers awarding us Summary Judgment for the plaintiff on a Shoulder Dystocia / Erb's Palsy case we are handling in Kingston (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

Cytotec and (Lack of) Informed Consent: A Plaintiff Attorney's Perspective. LiNC: the Official Publication of the Pittsburgh Chapter of the American Association of Legal Nurse Consultants. 12(2) 2004, 10-12.

Capitation as a Free-Standing Cause of Action in Medical Malpractice. ATLA Professional Negligence Reporter, Summer 2004, Volume 11, No. 4. Coauthored with James Gooding.

Motion to Vacate a Subrogation Lien asserted against a Settlement.

Favorable Opinion for Plaintiff by New York's Appellate Division on Spoliation of Medical Records in a Medical Malpractice case:

	Spoliation Brief (Fetal Monitor Tracings)
	Court's Decision.

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

The 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."

Plaintiff-Respondent's winning Appellate Brief on Tobacco Summary Judgment Appeal against Brown & Williamson Tobacco Corporation.

Featured Articles:
"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.
: Mark R. Bower's CV Mark R. Bower's Seminars Professional Staff

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