Wednesday, January 15, 2014

Patient Judge Recused

No, not for her patience but for being a patient.

The Tennessee Court of Appeals reversed a trial judge's denial of a motion to recuse himself in a medical malpractice case.

The judge was a current patient of an expert witness in the case, who had performed surgery on her:

At the very least, an appearence of impropriety arises where the trial judge was a patient of a key expert witness in a medical malpractice action during the pendancy of the action in the court, albeit in a different division.

Although the court was "loath to see this tortured litigation further protracted," it remanded the case for transfer to a different judge. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2014/01/patient-judge-recused.html

Judicial Ethics and the Courts | Permalink

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