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

Next, in an attempt to show a break in the chain of medical causation, Sutton Hill argues that "[t]he [u]ncontroverted October 18, 2013 [NSMC] [d]ischarge [s]ummary" established that Cahill was "infection-free" after he left Sutton Hill. Yet, the NSMC discharge report was not before the tribunal; only the DPH investigator's summary of the report was available. Moreover, Sutton Hill improperly interprets the DPH report in the light most favorable to itself. The NSMC discharge summary, as described by the DPH investigator, states that NSMC treated Cahill with intravenous fluids for dehydration; Cahill had "failure to thrive"; and Cahill had "no signs of an infection, a virus was suspected, and [his] symptoms resolved quickly." There was no statement to the effect that a C. Diff infection was ruled out.6 The DPH investigator's statements are also contradicted by Cahill's Beverly Hospital medical records, which reported that Cahill still had diarrhea during his second NSMC hospitalization. Thus, at best, the meaning of the NSMC discharge report was a question of fact for the jury. See Kopycinski v. Aserkoff, 410 Mass. 410, 418 (1991).