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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Moali v. Genesis Healthcare, LLC., 122 N.E.3d 1098 (2019)

Citation
Moali v. Genesis Healthcare, LLC., 122 N.E.3d 1098 (2019)
Parent Document
Moali v. Genesis Healthcare, LLC., 122 N.E.3d 1098 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-01-07

Full Text

1,328 chars
Discussion. Before a medical malpractice tribunal, a plaintiff's offer of proof must show (1) "the defendant is a provider of health care as defined in G. L. c. 231, § 60B ; (2) ... the health care provider did not conform to good medical practice; and (3) ... resulting damage." Goudreault v. Nine, 87 Mass. App. Ct. 304, 308 (2015), quoting Saunders v. Ready, 68 Mass. App. Ct. 403, 403-404 (2007). The sufficiency of an offer of proof is tested under the familiar directed verdict standard. See Goudreault v. Nine, 87 Mass. App. Ct. at 308. The tribunal must not only consider the evidence contained in the offer of proof in the light most favorable to the plaintiff, but also draw all reasonable inferences in the plaintiff's favor and reject the temptation to draw any unfavorable inferences. Id. at 309. "Not a great deal is required to fend off a directed verdict on the issue of causation. It is enough to adduce evidence that there is a greater likelihood or probability that the harm to the plaintiff flowed from conduct for which the defendant was responsible" (quotation omitted). Joudrey v. Nashoba Community Hosp., Inc., 32 Mass. App. Ct. 974, 976 (1992). As we frequently remind litigants, the offer of proof must be given an "indulgent reading." Kilmartin v. Lowell Gen. Hosp., 23 Mass. App. Ct. 901, 902 (1986).