Kawaauhau v. Geiger

Dr. Paul Geiger (defendant) treated Margaret Kawaauhau's foot injury with oral penicillin despite knowing intravenous penicillin would be more effective, then stopped treatment based on a mistaken belief her infection had cleared; the infection worsened and led to amputation of her leg below the knee. She and her husband Solomon (plaintiffs) won a $355,000 malpractice judgment against Geiger, who had no malpractice insurance and filed for bankruptcy. The Kawaauhaus asked the bankruptcy court to declare the debt nondischargeable as a "willful and malicious injury" under 11 U.S.C. § 523(a)(6). The bankruptcy court and district court agreed, but the Eighth Circuit reversed, holding that phrase refers only to intentional torts, not reckless or negligent malpractice. The Kawaauhaus petitioned for certiorari.