Gierke v. Woodworth

Memorandum: The physician member of the medical malpractice panel was, at the time of the determination by the panel, a member of the courtesy staff of the defendant hospital. A partner of the attorney for the defendant doctor had previously, albeit briefly, represented the physician panel member. Neither the physician nor the attorney disclosed these facts to the other parties to the lawsuit.

In deciding whether the determination of the panel should be vacated, the appropriate test is not whether actual bias existed, but whether the circumstances would give the appearance of bias (Santola v…