A malpractice claim against a renowned heart surgeon based on allegations of a surgical needle portion being left in an infant’s chest will proceed because questions remain about whether departures from accepted medical practice proximately caused the infant’s injuries, an appeals court has ruled.

An Appellate Division, First Department panel wrote that the medical malpractice suit lodged by Premeire Debose and related plaintiffs will proceed because “conflicting factual testimony and medical opinion in the record present issues of fact as to whether any departures were a proximate cause of any physical, psychiatric or emotional injury to the infant,” citing Frye v. Montefiore Med. Ctr. and Severino v. Weller.