Question: Margaret Kawaauhau sought treatment from Dr Paul Geiger for a

Margaret Kawaauhau sought treatment from Dr. Paul Geiger for a foot injury. Dr. Geiger examined Kawaauhau and admitted her to the hospital to attend to the risks of infection. Although Dr. Geiger knew that intravenous penicillin would have been a more effective treatment, he prescribed oral penicillin, explaining that he thought that his patient wished to minimize the cost of her treatment. Dr. Geiger then departed on a business trip, leaving Kawaauhau in the care of other physicians. When Dr. Geiger returned, he discontinued all antibiotics because he believed that the infection had subsided. Kawaauhau’s condition deteriorated over the next few days, requiring the amputation of her right leg below the knee. Kawaauhau and her husband sued Dr. Geiger for medical malpractice. The jury found Dr. Geiger liable and awarded the Kawaauhaus $ 355,000 in damages. Dr. Geiger, who carried no malpractice insurance, filed for bankruptcy in an attempt to discharge the judgment. Is a debt arising from a medical malpractice judgment that is attributable to negligent or reckless conduct dischargeable in bankruptcy? Kawaauhau v. Geiger, 523 U. S. 57, 118 S. Ct. 974, 1998 U. S. Lexis 1595 (Supreme Court of the United States)

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  • CreatedAugust 12, 2015
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