M. M. v Andriotis

Holding A resident physician acting under the supervision of an attending physician is not liable for medical malpractice if the supervising doctor’s directions did not greatly deviate from normal practice. The court affirmed summary judgment because the defendant demonstrated she was acting under supervision and the plaintiffs failed to raise a triable issue of fact regarding her independent liability.

The court’s words

A resident who participates in the treatment of a patient under the supervision of a doctor, and who does not exercise any independent medical judgment, cannot be held liable for malpractice so long as the supervising doctor's directions did not so greatly deviate from normal practice that the resident should be held liable for failing to intervene

2026 NY Slip Op 06291, at the official text

the defendant made a prima facie showing that she was a resident acting under the supervision and direction of an attending physician at the relevant time, and that the attending physician did not so greatly deviate from normal practice that the defendant should be liable for failing to intervene

2026 NY Slip Op 06291, at the official text