Reference no: EM131675580

Question: Dr. Jeffrey Hall performed a colonoscopy on Hellen Nash during which he discovered a cancerous mass. Three days later, Hall performed surgery to remove the mass. However, Hall allegedly failed to remove all of the cancerous tissue, and Nash developed complications requiring additional surgery. Nash brought a medical malpractice action against Hall in federal court in Arkansas. Hall moved to Arizona and fi led for Chapter 7 bankruptcy there four months later. Hall failed to list Nash as a creditor with a contingent claim and did not disclose the existence of Nash's lawsuit in his sworn statement of fi nancial affairs. As a result, Nash never received notice of Hall's bankruptcy's pending claim and never fi led a claim with the Arizona bankruptcy court. Hall obtained a discharge of his debts on June 7, 2006, fi ve days after Nash died. Mary Waterson was appointed as the administrator of Nash's estate and pursued the malpractice action on behalf of the estate. Hall defended the action on the basis of his discharge in bankruptcy. Is the discharge that Hall received in the bankruptcy action in Arizona applicable to Nash's medical malpractice claim in Arkansas? Why or why not?