Oklahoma Federal Judge Says Malpractice Case May Proceed

Oklahoma Federal Judge Says Malpractice Case May Proceed

TULSA, Okla. — An Oklahoma federal judge on Feb. 6 ruled that the United States had been properly put on notice that a trustee in an underlying bankruptcy case would be pursuing a medical malpractice case against a federal agency and held that the trustee could pursue the claim.  Hence, following the resolution of the malpractice action, the bankruptcy court could determine if penalties are appropriate against the debtors for failing to list the lawsuit in their schedules (Jeffrey Scott Kirby, et al. v. , No. 07-568, Chapter 7, N.D. Okla.; 20009 U.S. Dist. LEXIS 8981).

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