American Journal of Law & Medicine

Medical malpractice: the evidentiary link between medical care and managed care plans - Shea v. Esensten.

The Minnesota Court of Appeals held that the appellant failed to establish a sufficient link between the care her husband received and the managed care contract regarding specialist referrals to allow evidence of financial incentives in the plan to be introduced as evidence of medical malpractice.(2) The appellant's husband ("Shea") died of a heart attack in 1993. The appellant filed a medical malpractice suit in 1994 against Shea's treating physicians, Drs. Esensten and Arenson, the Family Medical Clinic where the doctors were employed, and Shea's insurer, Medica.

Drs. Esensten and Arenson had treated Shea for more than a decade before his death. The appellant claims that Shea was suffering from chest pains as early as 1991, but there is no evidence that the pain was reported to the doctors at this time. …

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