Judge Denied Recusal in Medical Malpractice Case


downloadA Chief District Judge has denied a request for recusal of a judge assigned to a medical malpractice case against Summerlin Hospital. Ruben White, who claims malpractice led to the tuberculosis-related deaths of his wife and two daughters at the hospital asked District Court Judge Joe Hardy, Jr. to withdraw from the case because of the appearance of impropriety and potential partiality in the case.

Chief District Judge David Barker, whose father is a doctor and state senator, declined the request and issued a six-page order that states, “The court finds that a reasonable person, knowing all the facts, would not harbor doubts about Judge Hardy’s impartiality.”

White’s attorney, Robert Cottle, plans to take his request to the Nevada Court of Appeals in an attempt to reverse Barker’s ruling on the matter.

At the heart of the matter is Hardy’s father, Republican state Sen. Joe Hardy. Hardy has a personal and economic interest in the outcome of the White case which has announced the intention to file a motion asking that the state’s cap on medical malpractice damages be declared unconstitutional. Senator Hardy, the judge’s father has been to date “an active opponent” of the removal of the malpractice damage cap.

White filed his malpractice lawsuit in May 2014 when his wife, Vanessa, 25, has been identified as the source of a 2013 tuberculosis outbreak at Summerlin Hospital. The malpractice suit alleges that Vanessa White was admitted to the hospital in May of 2013 along with the couple’s twin daughters, Abigail and Emma who were born premature. The case accuses the hospital for failing to identify and treat Vanessa’s condition. White lost both his wife and two daughters.

It can be a touchy situation when politics and medical issues meet. Those seeking restitution in malpractice or medical negligence cases should expect that their claims will be heard in a fair and impartial manner.

Of course, nothing in the world, and no amount of financial compensation will ever truly alleviate the suffering of surviving family members after the tragic loss of a loved one, at Bottar Leone, our attorneys have years of experience in fighting for the rights of patients and their families in the area of malpractice law. We pride ourselves in standing beside our clients when they need us most. We’re here to help you and will diligently fight in order to help you receive the maximum compensation possible.

If you or a loved one has suffered or has been tragically lost as a result of medical malpractice or negligence, contact us today. Call to schedule a free in-depth consultation and evaluation of your case.

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