While under supervision at St. Barnabas Hospital, Biber Kukic jumped from his hospital-room window and was injured.
When he later filed suit, Kukic alleged the hospital and its physicians had been negligent. But because they established Kukic's treatment complied with medically acceptable practices, the Bronx County Supreme Court dismissed the case.
Since the jump wasn't foreseeable, or caused by any care related errors, the Appellate Division, First Department, affirmed. (It refused to accept the analysis offered by Kukic's expert because it was viewed as "speculative and wholly unsupported by the record.")
And so it is written.
To view a copy of the Appellate Division's decision, please use this link: Kukic v. Grand