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Verdicts
Injured Party Lacks Standing After Bankruptcy Filing
The trail court erred in granting plaintiff's motion to substitute the trustee of her bankruptcy as the real party in interest in this medical malpractice action because the alleged malpractice occurred before plaintiff filed for bankruptcy, and thus she was stripped of standing to bring the suit. Fields v. Byrd, '- S.W.3d ”, 2006 WL 2686813 (Ark.App. 2006).
Plaintiff had oral surgery on April 6, 1999, performed by defendant doctor. Plaintiff claimed that following surgery, she was left with a burning sensation in her mouth. Before filing a bankruptcy lawsuit, on March 24, 2000, plaintiff filed a Chapter 7 voluntary bankruptcy petition. She failed to disclose her basis for a potential malpractice claim during her bankruptcy proceedings to the bankruptcy trustee. She was discharged from bankruptcy on July 11, 2000 and 6 months later filed this medical malpractice claim.
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