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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Dr. Shepard indicated in his affidavit that he had reviewed Cahill's NSMC records. He did not mention them further. His failure to address the NSMC records goes to the weight and credibility of his opinion, matters beyond the scope of the tribunal's authority. See Goudreault v. Nine, 87 Mass. App. Ct. at 308. A fair inference, moreover, is that nothing in the NSMC medical records was important to Dr. Shepard's opinion that Sutton Hill deviated from the appropriate standard of care by failing to test for C. Diff and to diagnose Cahill's condition, and that nothing in the NSMC records required him to change his analysis.

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