Professional Negligence Law Reporter

A New York appellate court held that an ophthalmology resident was not liable to a patient for medical negligence where the attending physician exercised complete control over the patient’s cataract procedure.

Charles Tsocanos underwent cataract removal surgery performed by private physician Gerald Zaidman with assistance from ophthalmology resident Namita Sagar. Tsocanos and his wife subsequently sued Zaidman, Sagar, and the hospital, alleging that Sagar’s failure to properly administer a retrobulbar block injection at the start of the surgery led to a central retinal vein occlusion. The trial court granted Sagar’s motion for summary judgment.

Affirming, the appellate court noted that a resident assisting a physician during a medical procedure and not exercising independent medical judgment cannot be liable for malpractice where the physician’s directions did not greatly deviate from normal practice to the extent that the resident should have intervened. In this case, the court found, Zaidman had complete control over Tsocanos’s diagnosis, the surgical approach, and the procedure itself. Although Sagar performed the retrobulbar block, the court said, she did so under Zaidman’s direction and close supervision and therefore exercised no independent medical judgment. Moreover, Zaidman’s instructions did not so greatly deviate from normal practice that Sagar should have intervened, the court said.

Consequently, dismissal was proper.

Citation: Tsocanos v. Zaidman, 180 A.D.3d 841 (N.Y. App. Div. 2020).