Margaret Kawaauhau, et Vir v. Paul W. Geiger (523 U.S. 57)
U.S. Supreme Court · decided March 3, 1998 · Supreme Court Database (Spaeth)
- Citation
- 523 U.S. 57 · 118 S. Ct. 974
- Decided
- March 3, 1998
- Term
- October Term 1997
- Vote
- 9–0
- Majority author
- Justice Ginsburg
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Ginsburg delivered the opinion of the Court. Section 523(a)(6) of the Bankruptcy Code provides that a debt “for willful and malicious injury by the debtor to another” is not dischargeable. 11 U. S. C. § 523(a)(6). The question before us is whether a debt arising from a medical malpractice judgment, attributable to negligent or reckless conduct, falls within this statutory exception. We hold that it does not and that the debt is dischargeable. I In January 1983, petitioner Margaret Kawaauhau sought treatment from respondent Dr. Paul Geiger for a foot injury. Geiger examined Kawaauhau and admitted her to the hospital to attend to the risk of infection resulting from the injury. Although Geiger knew that intravenous penicillin would have been more effective, he prescribed oral penicillin, explaining in his testimony that he understood his patient wished to minimize the cost of her treatment. Geiger then departed on a business trip, leaving Kawaau-hau in the care of other physicians, who decided she should be - transferred to an infectious diseáse specialist. When Geiger returned, he canceled the transfer "and discontinued all antibiotics because'he believed the infection had subsided. Kawaauhau’s condition deteriorated over the next few days, requiring the amputation of her right leg below the knee. KawaauhaUj joined by her husband Solomon, sued Geiger for malpractice.…
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