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Civil Practice: Recusal-Medical Malpractice Action
Staff Report//December 12, 2018
Where a plaintiff, who brought a medical malpractice action against healthcare providers after her small bowel was perforated during surgery, sought a new trial, arguing that the trial judge should have recused himself because he was on the board of directors of a hospital system that was affiliated with a group of doctors of which the defendant doctor was a member, the denial of the new trial motion was affirmed because no mandatory recusal provisions applied, and the plaintiff did not show that the judge’s impartiality was reasonably questionable.
Judgment is affirmed.
Palmer v. Colle (MLW No. 72395/Case No. ED106440 – 9 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, Cape Girardeau County, Lewis, J. (Shawn D. Young for appellant) (Ted R. Osburn, Mark R. Dunn for respondent).
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