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Appeals court weighs sufficiency of expert offer of proof in fatal hospital fall case

Appeals Court Oral Arguments · February 10, 2026
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Summary

Appellant contends medical records and an expert opinion show the decedent was high fall risk and that monitoring (bed alarm, tele-sitter) was inadequate; defense cites precedent and argues the expert failed to identify individual defendants or applicable standards of care, so tribunal dismissal should stand.

Michael Rabia, representing the Mendoza family, told the panel that medical records show Barry Mendoza was admitted at high risk of falling and that safety measures including frequent toileting and tele-sitter monitoring were indicated but not adequately implemented. "He was diagnosed at high…

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