In re Shaw (Ch. 7 Case No. 17-51682, Adv. Case No. 17-05057)

In this adversary proceeding, creditor seeks determination of dischargeability of debt arising from medical malpractice action where the injury resulted from an improper prescription issued by a nurse practitioner working under delegated authority of the debtor-physician.  The Court granted in part and denied in part the debtor’s motion for summary judgment.  Granting summary judgment in favor of the Debtor as to 11 U.S.C. § 523(a)(6) claim because the statute requires that the injury be caused by the acts of the debtor herself rather than her agent, and because debtor’s actions amounted to not more than negligence.  Denying summary judgment as to 11 U.S.C. § 523(a)(2)(A) claim because genuine issues of material fact exist as to whether the nurse practitioner was the debtor’s agent and, if so, whether the nurse practitioner’s conduct constituted fraud.

Tuesday, August 13, 2019