A medical malpractice suit lodged by a stroke victim who fell from his hospital bed has been reinstated because his expert sufficiently rebutted opposing experts claiming that the hospital and a treating physician never departed from accepted standards of practice.

In reversing the trial court’s dismissal, an Appellate Division, Second Department, panel ruled that stroke victim Francisco Salgado “raised triable issues of fact” regarding whether North Shore University Hospital’s Medical Intensive Care Unit and treating physician Dr. Peter Reiser “departed from accepted standards of practice by failing to prevent Salgado from falling out of bed and whether his injuries were exacerbated by his fall.”

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