Joan Topel v. Long Island…

Summary

The Court of Appeals affirmed the Appellate Division's dismissal of the wrongful‑death action, holding that a hospital is not liable for following an attending physician's orders and that a physician's decision to use 15‑minute observations rather than constant observation is a professional judgment protected from liability absent a clear departure from accepted medical practice. The dissent argued that the majority relied improperly on Centeno and should reverse the judgment.