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
Original Source: https://www.courtlistener.com/opinion/7178510/moali-v-genesis-healthcare-llc/ ↗

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On appeal, Sutton Hill claims that the plaintiffs failed to establish proximate causation. Sutton Hill first argues that the evidence of C. Diff exposure in the offer of proof was deficient because it relied on inadmissible hearsay -- a conversation between Moali and the sister of Cahill's roommate.5 Even if the evidence of exposure to C. Diff in the offer of proof was inadmissible, that fact does not assist Sutton Hill. The plaintiffs, supported by their expert witness, maintain that the failure to conduct prompt diagnostic testing on such a visibly sick, at-risk patient constituted malpractice. This theory of liability did not require a showing that Cahill contracted C. Diff at Sutton Hill.

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