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Results

  • Defense verdict obtained in medical malpractice action against a surgeon for the placement of a port-o-cath device and management of intra-operative complications that resulted in the death of the patient.
  • Appeal upholding Summary Judgment in wrongful death case against physician, the issue being whether Kentucky law recognizes loss of chance doctrine. Discretionary review denied.
  • Defense verdict obtained in medical malpractice action against an anesthesiologist relating to complications following an interscalene nerve block.
  • Defense verdict obtained in a medical malpractice action against an ER physician for failure to diagnose and treat a possible blood clot in leg, which resulted in a below knee amputation.
  • Defense verdict obtained in medical malpractice action against a surgeon related to complications following surgical treatment of a gastric condition.
  • Summary Judgment obtained in wrongful death case against physician involving diagnosis of pancreatic cancer.
  • Defense verdict obtained in medical malpractice action against ER physician and hospital for failure to diagnose penetrating chest injury and retained foreign body resulting in a subsequent stroke.
  • Defense verdict obtained in medical malpractice/wrongful death action against a nurse practitioner relative to diagnosis and treatment of three year old child in the ER.

Our Attorneys and Staff

 

Mark E. Nichols

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Mark E. Nichols is a partner with the firm 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. Mark has a reputation as a tenacious and effective litigator and as an accomplished and polished trial attorney. He has been invited to lecture at numerous seminars locally and state-wide.

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.

CV: Mark E. Nichols

Email address: mnichols@kentuckylitigators.com

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Carl W. Walter, II

Carl W. Walter, II

Carl W. Walter, II was born in Paducah, Kentucky. He graduated with honors from the University of Kentucky in 2003 and from the University of Kentucky College of Law, where he was the President of the Student Bar Association, in 2006. That same year he was admitted to practice in all state and federal courts in Kentucky. Upon graduation, Carl was employed by Boehl, Stopher & Graves, LLP, where his practice focused largely on general litigation and insurance defense.

Carl has represented various commercial entities throughout central and eastern Kentucky, where he has litigated aviation liability, automobile liability, premises liability, products liability, toxic tort, real estate transactions and general negligence claims. Carl joined Nichols Walter PLLC in 2009, where his practice has primarily focused on medical negligence defense. He became a partner in the firm in 2013.

CV: Carl W. Walter, II

Email address: cwalter@kentuckylitigators.com

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Jeffrey A. Darling

Jeffrey A. Darling

Jeff Darling has been practicing law in the state and federal courts of Kentucky since 1983. He began his career practicing criminal law, first as a Public Defender in Eastern and Southern Kentucky, where he tried dozens of cases, ranging from misdemeanor drug cases to death penalty murder cases. Jeff then joined the office of the Commonwealth’s Attorney in Lexington, Kentucky, where, as a felony prosecutor, he again regularly tried serious felony cases, up to and including Death Penalty Murder cases.

In the early 1990’s, Jeff ventured into the field of civil litigation, first practicing in insurance defense and then as a principal/partner in a small firm, where he continued to try cases in state and federal court on a regular basis. Over the years, Jeff has tried hundreds of civil and criminal cases in the state and federal courts throughout the state of Kentucky. He has also been active in practicing at the appellate level, arguing cases in the Kentucky Supreme Court, the Kentucky Court of Appeals and the United States District Court for the Sixth Circuit.

Mr. Darling brings over 30 years of trial experience to Nichols Walter PLLC.

Jeff is married with three children.

CV: Jeffrey A. Darling

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Dean T. Wellman

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Dean T. Wellman attended the University of Kentucky, and graduated from the University of Kentucky College of Law in 1980. He began his practice with the law firm of Martin, Ockerman & Brabant and in 1995, he and two partners formed the firm of Piper, Wellman & Bowers. There, Dean handled personal injury and complex civil litigation, concentrating his practice on the defense of hospitals, nurses and physicians in malpractice cases in central and eastern Kentucky. In 2008, he teamed up with Mark Nichols, later joined by Ken Smith, to establish the firm of Nichols Walter PLLC .

Dean holds an AV® Preeminent™ Peer Review Rating from Martindale-Hubbell® and has been recognized in Woodward and White's Best Lawyers in America. He was a co-author of the chapter on Hospital Liability in the second, third and fourth editions of Kentucky Health Law, published by the U.K. Office of Continuing Legal Education, and has been a speaker for a number of seminars related to the topic of nursing and hospital liability. Dean is a current member and former president of the Kentucky Academy of Hospital Attorneys. He is also an experienced mediator and is certified by the Mediation Center of Kentucky.

CV: Dean T. Wellman

Email address: dwellman@kentuckylitigators.com

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Sarah C. Clark

Sarah C. Clark is an associate with the firm. She received a B.A., magna cum laude, from the University of Kentucky in 2002 and graduated from the University of Kentucky College of Law in 2006. She is admitted to practice in all Kentucky courts as well as the U.S. District Courts of Kentucky. Sarah has extensive litigation and trial experience throughout the Commonwealth. Prior to joining the firm, Sarah worked as a civil attorney at Casey, Bailey & Maines PLLC in Lexington, Kentucky where she defended a variety of commercial and individual clients in the areas of trucking liability, products liability, professional malpractice, veterinary malpractice, premises liability, environmental law, automobile liability, and construction claims. Since joining Nichols Walter, PLLC, Sarah’s practice is focused on all aspects of medical malpractice defense.

CV: Sarah C. Clark

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Elizabeth A. Arrick

Elizabeth Anne Arrick is an associate with the firm. She received a B.A., in Biology, from Kenyon College in 2005 and graduated from Capital University Law School in 2009. She is admitted to practice in Kentucky and Ohio state courts as well as the Southern and Northern District of Ohio, the Sixth Circuit Court of Appeals, and the United States Supreme Court. Elizabeth has extensive trial and appellate litigation experience. Prior to joining the firm, Elizabeth worked as an assistant state public defender in the death penalty department at the Office of the Ohio Public Defender in Columbus, Ohio where she represented clients sentenced to death in their state and federal appeals. Since joining Nichols Walter, PLLC, Elizabeth’s practice is focused on medical malpractice defense as well as criminal defense.

CV: Elizabeth A. Arrick

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Joshua Waters

K. Joshua Waters was born in Chattanooga, Tennessee. He graduated from the University of Dayton School of Law in 2013. He was admitted to practice in all state courts in Ohio in 2013 and Kentucky in 2015. Prior to attending law school, he spent a decade in banking where he worked in sales management, regulatory compliance, lending, and as a financial advisor. Upon graduation from law school, he largely focused his practice on medical negligence, general litigation and insurance defense. From 2014-2017 he was employed by Markesbery & Richardson, Co. LPA, in Cincinnati, Ohio and Lexington, Kentucky.

Joshua has represented various individuals and commercial entities throughout Kentucky and Ohio, where he has litigated automobile liability, breach of contract claims, medical negligence liability, premises liability, products liability, and general negligence liability. Joshua joined Nichols Walter, PLLC in 2017, and his areas pf practice include medical negligence defense, personal injury, and general liability.

CV: Joshua Waters

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Mary E. Canady

Mary E. Canady graduated from Eastern Kentucky University in 1976 with a B.S. in Nursing. She also received a B.A. from Eastern Kentucky University in Paralegal Science in 1987. Mary has held an active Registered Nurse License through the Kentucky Board of Nursing since 1976. Since 1988, she has provided litigation support as a nurse paralegal with a primary focus on medical malpractice defense cases.

Email address: mcanady@kentuckylitigators.com

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Bethany Kirk

Bethany Kirk graduated Summa Cum Laude from the University of Kentucky in 2015 with a Bachelor’s Degree in Marketing and International Business and subsequently obtained a Bachelor’s Degree in Spanish Language. She spent a substantial part of her college program studying abroad in both Ecuador and Spain. Bethany then began her paralegal career with Nichols Walter, PLLC in November of 2016.

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Melissa Trent

Melissa Trent is the bookkeeper and receptionist at Nichols Walter PLLC . She was previously employed as administrative assistant and worked with Mr. Nichols at his former firm.

Email address: mtrent@kentuckylitigators.com

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Kenneth W. Smith (1948-2013)

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