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SHEA v. ESENSTEN

No. 95-4029MN.

107 F.3d 625 (1997)

Dianne L. SHEA, individually and as trustee for the heirs of Patrick Joseph Shea, decedent; individually and derivatively on behalf of participants in the Seagate Group Health Plan, Appellant, v. Sidney ESENSTEN; Jeffrey A. Arenson; Family Medical Clinic, now known as Fairview Clinics, a Minnesota non-profit corporation; Medica, a Minnesota non-profit corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 26, 1997.

Attorney(s) appearing for the Case

Corey John Ayling, Minneapolis, MN, argued (John R. Schulz, on the brief), for appellant.

Aaron Mark Rodriguez, Minneapolis, MN, argued (Julie Fleming-Wolfe, on the brief), for appellees.

Before FAGG, WOLLMAN, and HANSEN, Circuit Judges.

FAGG, Circuit Judge.

After being hospitalized for severe chest pains during an overseas business trip, Patrick Shea made several visits to his long-time family doctor. During these visits, Mr. Shea discussed his extensive family history of heart disease, and indicated he was suffering from chest pains, shortness of breath, muscle tingling, and dizziness. Despite all the warning signs, Mr. Shea's doctor said a referral to a cardiologist was unnecessary. When Mr. Shea...

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