[1] Margaret Kawaauhau sought treatment from Dr. Paul Geiger for an injured foot, and he hospitalized her for fear of infection.

However, before that could be arranged, Dr. Geiger returned, and not only did he cancel such a transfer, he ended the antibiotics treatments, believing the infection had passed.

She and her husband sued Dr. Geiger for malpractice in federal district court, won, and were awarded $355,000 by the jury.

Dr. Geiger appealed to the Eighth Circuit Court, which overturned the bankruptcy court's decision, saying the Bankruptcy Code's discharge exception of debts caused through "willful and malicious injury by the debtor to another" did not apply in this case because the injury was unintentional.

In a unanimous decision delivered by Justice Ginsburg, the Supreme Court ruled in favor of Dr. Geiger, saying unintentional malpractice torts were dischargeable by bankruptcy (that this instance did not fall under the exception provided for in §523(a)(6)), and thus upheld the decision of the Eighth Circuit Court.