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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We perceive no fatal conflict between the plaintiffs' offer of proof and their negligence claim. In formulating his opinion, Dr. Shepard did not rely on facts or assumptions that were contradicted by the record. Dr. Shepard's opinion is based on specific facts that are firmly rooted in the evidence. Compare Booth v. Silva, 36 Mass. App. Ct. 16, 20-21 (1994). The plaintiffs were not required to include the NSMC records in their offer of proof or to explain why they had been omitted. Nor were they required to exclude all other possible causes of the harm suffered by Cahill. See Joudrey v. Nashoba CommunityHosp., Inc., 32 Mass. App. Ct. at 976.

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