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AVES BY AND THROUGH AVES v. SHAH

No. 91-3206.

997 F.2d 762 (1993)

Darcy M. AVES, a minor by and through Dan J. AVES and Faye E. Aves, her mother and father, natural guardians and next friends; Darcy M. Aves, individually; Dan J. Aves and Faye E. Aves, individually, Plaintiffs-Appellees, v. Nasreen G. SHAH, M.D., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 28, 1993.

Attorney(s) appearing for the Case

William Tinker, Jr. (John E. Cowles, with him on the brief), McDonald, Tinker, Skaer, Quinn & Herrington, P.A., Wichita, KS, for defendant-appellant.

Randall E. Fisher (Mark B. Hutton & Donald McKinney with him on the brief), Michaud, Hutton & Bradshaw, Wichita, KS, for plaintiffs-appellees.

Before KELLY and SETH, Circuit Judges, and KANE, District Judge.

PAUL KELLY, Jr., Circuit Judge.

Background

This medical malpractice action involves the birth of twins to Plaintiffs-appellees Dan and Faye Aves. Plaintiff-appellee Darcy Aves was the second twin born to Ms. Aves on December 26, 1984 at Central Kansas Medical Center of Larned, Kansas. Dr. Nasreen G. Shah treated Ms. Aves throughout her pregnancy and delivered the twins.

Ms. Aves had been hospitalized from December 6 through 8, 1984, with a...

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