Joan Topel v. Long Island…

Summary

The New York Court of Appeals affirmed the Appellate Division's dismissal of the wrongful‑death action, holding that the hospital was not liable for following the physician's prescribed observation schedule and that the physician's decision to reduce observation was a professional judgment not amounting to a prima facie case of negligence. Justice Fuchsberg dissented, arguing that the majority relied on the aberrant Centeno decision and that the plaintiff had established a prima facie case.