Mark is peer rated AV with Martindale Hubbell. Mark concentrates on defending hospitals, nursing homes, premises liability matters and appellate work. For nearly thirty years, he has engaged in a wide variety of litigation including automobile and premises liability, transportation, class action defense, construction defects, products liability, and insurance coverage. He has tried approximately forty cases to verdict and judgment and has argued numerous cases before the Georgia Supreme Court and Court of Appeals and the 11th Circuit Court of Appeals. Mark is active in professional organizations and state and local politics.
Mr. Wortham’s focus in the Aging Services Practice Group is on professional malpractice litigation involving long term care cases. Over the last ten years, in both state and federal district courts, he successfully defended facilities across the state in matters involving allegations of abuse, neglect and wrongful death. As a member of the Appellate Practice Group, he also advises other lawyers on motions and trial strategy in aging services cases.
Mark has orally argued many groundbreaking cases in Georgia appellate courts, including decisions that have re-defined: spoliation of evidence; ex parte communications between judges and juries; the standard of care for day-care providers; various interpretations of the "Daubert" standard in medical malpractice cases; the application of the attorney-client privilege to corporate employees; and the manner in which Georgia courts apply exceptions to sovereign immunity. As embedded counsel, Mark is sought by other firms and insurers to assist the trial team on pre-trial motions, to attend trial, and later to handle the appeal. Those firms and insurers also seek his assistance in handling the post-trial and appellate briefing in cases tried by other firms. Recently, he published an article for the DRI publication, For the Defense, on embedding counsel with the trial team. As the long-term chair of the Georgia Defense Lawyers Association’s Appellate Advocacy Committee, Mark regularly writes the "Appellate Case Update" for their magazine, The Georgia Defense Lawyer. National organizations and law firms also seek his advice and assistance in writing or editing amicus briefs before the Supreme Court of Georgia, on matters of gravity and of great importance to the public. Mark has also spoken on appellate practice and procedure at State Bar continuing educational seminars and sits on the Editorial Board of the State Bar of Georgia.
Mark advises general contractors, subcontractors, owners, developers and design professionals in cases involving construction defects, construction accidents and construction contracts. His practice is focused on the litigation of construction disputes. He has also defended cases involving EIFS, blasting claims and performance bonds.
Mr. Wortham is committed to helping employers avoid, resolve and prevail in employment disputes involving the full range of employment issues. This includes litigation in state courts and the representation of employers over claims including: accommodation and state torts such as negligent supervision and hiring, intentional and negligent infliction of emotional distress, defamation, invasion of privacy, and wrongful discharge allegations.
Mr. Wortham has handled a wide variety of general liability defense work involving serious injury and death. He has acted as lead counsel to one of the Big Three automobile manufacturers in the defense of products liability class actions, negligent security cases and was national coordinator for playground injury cases for a fast food franchise.
Mark defends hospitals, physicians, and nurses in medical malpractice actions. He has extensive experience in defending many types of medical malpractice claims.
Mark represents numerous national retail stores across the state in premises liability matters, including "slip and fall" and malicious prosecution cases. He was national coordinating counsel for one of the largest fast food restaurants in the United States, managing discovery and litigation strategy in all 50 states.
Georgia State University College of Law, Atlanta, Georgia, 1986 J.D.
Augusta College, 1983 B.A.
Georgia Supreme Court, 1987
Georgia Court of Appeals, 1987
11th Circuit Court of Appeals, 1991
U.S. District Court, S.D. Georgia, 1988
U.S. District Court, N.D. Georgia, 1991
U.S. District Court, M.D., 1996
DRI, Member 2006-Present, Member Appellate Adovcacy Committee; Retail and Hospitality Committee, Member Subcommittee on Membership (Vice-Chair), 2015-present
Georgia Defense Lawyers Association, Member 2006-Present, Appellate Advocacy Committee, Chair 2012-Present
The Supreme Court Historical Society, Member 2007-Present
The Eleventh Circuit Historical Society, Member 2000-Present
Atlanta Bar Association, Member 1995-Present, Editorial Baord, 2015-present
Cobb County Bar Association, Member 1998-Present
Columbus Bar Association, Member 2012-Present
Georgia State House of Representatives, District 39, Precinct Captain 1998-2002
National Republican Lawyers Association, Georgia Chapter, Secretary 2002-2006, Treasurer 2006-2011, Chair 2011-Present
Atlanta Claims Association, Member, 1999-Present, General Counsel - 2010-Present
State Bar of Georgia, Member, 1986-Present, Local and Voluntary Bars Committee,2012-present
Member of the Editorial Board for The Georgia Bar Journal, the publication of the State Bar of Georgia, 2015-present
Member of the Editorial Board of The Atlanta Lawyer Magazine, the publication of the Atlanta Bar Association, 2015-present
"Embedding Appellate Counsel in the Trial Team," DRI, For the Defense, October 2014 For full article click here.
"The Monkey's Paw and the Punitive Damages Cap," Case Metrix, September 2012
"ABA Tutorial Sides with Plantiff's Bar," McKnight's Long Term Care News, July 2009
"Advice from George Orwell Can Improve Your Writing in 2008," DRI, For the Defense, Vol. 50, No. 5, May 2008
Blueprint for Atlanta's Success: Problems and Solutions, A Collection of Essays, 2001. "Public Parking: An Untapped Resource" and "Childcare in the 21st Century: Will We be Ready"
Editorial Board and Contributor, Atlanta Bar Association Newsletter, 1995 - 1998
"The Layman's Lawyer," Production Committee, Georgia PBS Television, 1997 - 1998
Chair, Lawyers for Kemp, Secretary of State, 2009-2010
Co-Chair, Elect Kelly Lee, Superior Court Judge, 2007-2008
Chair, Kingston for US Senate, Muscogee County, Georgia, 2013-2014
Institute of Continuing Judicial Education, State of Georgia, Open Records Law, Statesboro, Georgia, June 2015
Institute of Continuing Legal Education, State of Georgia, Appellate Practice and Procedure, State Bar of Georgia, Atlanta, Georgia, February 2015
Appeared on WAIB's TV show Law & Society to discuss Long Term Care. Show aired March 2010
AV® Preeminent™ Peer Review Rated by Martindale-Hubbell