Moali v. Genesis Healthcare, LLC.

The plaintiffs appeal from the dismissal of their complaint for failure to pay the appeal bond, following an adverse finding by a medical malpractice tribunal pursuant to G. L. c. 231, § 60B. At issue is whether the offer of proof, which was supported by an expert affidavit, was sufficient to raise a legitimate question of liability appropriate for judicial inquiry. We reverse.

Background. After a hospitalization at North Shore Medical Center/Salem Hospital (NSMC) primarily for pneumonia, Edward A. Cahill was admitted to the Sutton Hill Center (Sutton Hill) for rehabilitation. Sutton Hill…