Soto v. Andaz, 8 A.D.3d 470 (N.Y. App. Div. 2004). · Go Syfert
Soto v. Andaz, 8 A.D.3d 470 (N.Y. App. Div. 2004). Cases Citing This Book View Copy Cite
50 citation events (50 in the last 25 years) across 3 distinct courts.
Strongest positive: Marcinkiewicz v. Flushing Hosp. Med. Ctr. (nysupctkings, 2026-02-26)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
cited Cited as authority (rule) Marcinkiewicz v. Flushing Hosp. Med. Ctr.
N.Y. Sup. Kings · 2026 · confidence medium
Soto v. Andaz, 8 A.D.3d 470, 471 (2d Dept. 2004).
discussed Cited as authority (rule) Armada v. New York-Presbyterian Brooklyn Methodist Hosp.
N.Y. Sup. Kings · 2025 · confidence medium
Further, "(w)hen supervised medical personnel are not exercising their independent medical judgment, they cannot be held liable for medical malpractice unless the directions from the supervising superior or doctor so greatly deviates from normal medical practice that they should be held liable for failing to intervene" ( Bellafiore v Ricotta, 83 AD3d 632, 633 [2d Dept 2011]; Soto v Andaz, 8 AD3d 470, 471 [2d Dept 2004].
discussed Cited as authority (rule) Marinelli v. Markus-Sullivan (2×)
N.Y. Sup. Kings · 2025 · confidence medium
The applicable standard is that "when supervised medical personnel are not exercising their independent medical judgment, they cannot be held liable for medical malpractice unless the directions from the supervising superior or doctor so greatly deviates from normal medical practice that they should be held liable for failing to intervene" ( i.d., quoting Bellafiore v Ricotta, 83 AD3d 632, 633 [2d Dept 2011]; Soto v Andaz, 8 AD3d 470, 471 [2d Dept 2004] [emphasis added]).
discussed Cited as authority (rule) Small v. Gorga
N.Y. Sup. Kings · 2025 · confidence medium
Turning to the registered nurse defendants, a nurse employed by a hospital who “merely carries out the orders” of the attending physician is generally not liable for that physician’s alleged medical malpractice, unless the nurse commits independent acts of negligence (Gattling v Sisters of Charity Medical Center, 150 AD3d 701, 704 [2d Dept 2017]; see also Martinez v La Porta, 50 AD3d 976, 977 [2d Dept 2008]; Soto v Andaz, 8 AD3d 470, 471 [2d Dept 2004]).
discussed Cited as authority (rule) Walker v. Quinn
N.Y. Sup. Kings · 2024 · confidence medium
With respect to the motion on behalf of resident Dr. Elfatihi, “[a] resident who assists a doctor during a medical procedure, and who does not exercise any independent medical judgment, cannot be held liable for malpractice so long as the doctor's directions did not so greatly deviate from normal practice that the resident should be held liable for failing to intervene” (Soto v. Andaz, 8 AD3d 470, 471 [2d Dept 2004]; see also Tsocanos v. Zaidman, 180 AD3d 841, 842 [2d Dept 2020]; Cynamon v. Mount Sinai Hosp., 163 AD3d 923 [2d Dept 2018]; Quille v. New York City Health & Hosp.
discussed Cited as authority (rule) Owens v. Mwando
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Moreover, “‘[w]hen supervised medical personnel are not exercising their independent medical judgment, they cannot be held liable for medical malpractice unless the directions from the supervising superior or doctor so greatly deviates from normal medical practice that they should be held liable for failing to intervene’” (Zhuzhingo v Milligan, 121 AD3d 1103, 1106 [2d Dept 2014], quoting Bellafiore v Ricotta, 83 AD3d 632, 633 [2d Dept 2011]; see Costello v Kirmani, 54 AD3d 656, 657 [2d Dept 2008]; Soto v Andaz, 8 AD3d 470, 471 [2d Dept 2004]).
discussed Cited as authority (rule) Groff v. Kaleida Health
N.Y. App. Div. · 2018 · confidence medium
Plaintiffs' submissions in opposition to the motion failed to raise an issue of fact whether any of the resident physicians exercised independent medical judgment in plaintiff's care or treatment, or neglected to intervene in plaintiff's care or treatment where the attending physician's directions greatly deviated from normal medical practice ( see Soto v Andaz , 8 AD3d 470, 471-472 [2d Dept 2004]; Cook v Reisner , 295 AD2d 466, 467 [2d Dept 2002]).
cited Cited as authority (rule) Burnett-Joseph v. McGrath
N.Y. App. Div. · 2018 · confidence medium
Soto v Andaz , 8 AD3d 470, 471 [2d Dept 2004]; Lopez v Master , 58 AD3d 425, 425 [1st Dept 2009]).
discussed Cited as authority (rule) Quille v. New York City Health & Hospital Corp.
N.Y. App. Div. · 2017 · confidence medium
“A resident who assists a doctor during a medical procedure, and who does not exercise any independent medical judgment, cannot be held liable for malpractice so long as the doctor’s directions did not so greatly deviate from normal practice that the resident should be held liable for failing to intervene” (Soto v Andaz, 8 AD3d 470, 471 [2004]; see Poter v Adams, 104 AD3d 925, 927 [2013]).
discussed Cited as authority (rule) Nasima v. Dolen
N.Y. App. Div. · 2017 · confidence medium
“A resident who assists a doctor during a medical procedure, and who does not exercise any independent medical judgment, cannot be held liable for malpractice so long as the doctor’s directions did not so greatly deviate from normal practice that the resident should be held liable for failing to intervene” (Soto v Andaz, 8 AD3d 470, 471 [2004]).
cited Cited as authority (rule) Abrams v. Bute
N.Y. App. Div. · 2016 · confidence medium
Soto v Andaz, 8 AD3d 470, 471 [2004]; Cook v Reisner, 295 AD2d 466, 467 [2002]).
discussed Cited as authority (rule) Leavy v. Merriam
N.Y. App. Div. · 2015 · confidence medium
“A resident who assists a doctor during a medical procedure, and who does not exercise any independent medical judgment, cannot be held liable for malpractice so long as the doctor’s directions did not so greatly deviate from normal practice that the resident should be held liable for failing to intervene” (Soto v Andaz, 8 AD3d 470, 471 [2004]; see Bellafiore v Ricotta, 83 AD3d 632, 633 [2011]; Costello v Kirmani, 54 AD3d 656 [2008]; Muniz v Katlowitz, 49 AD3d 511, 513 [2008]).
discussed Cited as authority (rule) Guctas v. Pessolano
N.Y. App. Div. · 2015 · confidence medium
Although Sticco actively participated in the cesarean section, the evidence demonstrated that she did so at the direction of Ponterio and Pessolano, and did not exercise independent medical judgment (see Muniz v Katlowitz, 49 AD3d at 514 ; Soto v Andaz, 8 AD3d 470, 471 [2004]).
discussed Cited as authority (rule) Zhuzhingo Ex Rel. Verdugo v. Milligan
N.Y. App. Div. · 2014 · confidence medium
“When supervised medical personnel are not exercising their independent medical judgment, they cannot be held liable for medical malpractice unless the directions from the supervising superior or doctor so greatly deviates from normal medical practice that they should be held liable for failing to intervene” (Bellafiore v Ricotta, 83 AD3d 632, 633 [2011]; see Costello v Kirmani, 54 AD3d 656, 657 [2008]; Soto v Andaz, 8 AD3d 470, 471 [2004]).
discussed Cited as authority (rule) France v. Packy
N.Y. App. Div. · 2014 · confidence medium
Contrary to the plaintiffs contention that the defendants “played an active role” (Muniz v Katlowitz, 49 AD3d 511, 514 [2008] [internal quotation marks omitted]) in physically examining Martinez and participating in her diagnosis and discharge from care, this did not demonstrate the exercise of independent medical judgment (see Soto v Andaz, 8 AD3d 470, 471 [2004]; Walter v Betancourt, 283 AD2d 223 [2001]; cf. Hawkins v Brooklyn-Caledonian Hosp., 239 AD2d 549 [1997]).
discussed Cited as authority (rule) GREEN, DAVID v. BLASKIEWICZ, M.D., DONALD J.
N.Y. App. Div. · 2014 · confidence medium
It is well settled that a “resident who assists a doctor during a medical procedure, and who does not exercise any independent medical judgment, cannot be held liable for malpractice so long as the doctor’s directions did not so greatly deviate from normal practice that the resident should be held liable for failing to intervene” (Soto v Andaz, 8 AD3d 470, 471 [2004]; see Wulbrecht v Jehle, 92 AD3d 1213, 1214 [2012]).
discussed Cited as authority (rule) Poter v. Adams
N.Y. App. Div. · 2013 · confidence medium
A resident or fellow who is supervised by a doctor during a medical procedure, and who does not exercise any independent medical judgment, cannot be held liable for medical malpractice unless the resident or fellow knows that the supervising doctor’s orders are so clearly contraindicated by normal practice that ordinary prudence requires inquiry into the correctness of the orders, or the resident or fellow commits an independent act that constitutes a departure from accepted medical practice (see Cook v Reisner, 295 AD2d 466, 467 [2002]; see also Bellafiore v Ricotta, 83 AD3d 632, 633 [2011]…
discussed Cited as authority (rule) Poter v. Adams
N.Y. App. Div. · 2013 · confidence medium
A resident or fellow who is supervised by a doctor during a medical procedure, and who does not exercise any independent medical judgment, cannot be held liable for medical malpractice unless the resident or fellow knows that the supervising doctor’s orders are so clearly contraindicated by normal practice that ordinary prudence requires inquiry into the correctness of the orders, or the resident or fellow commits an independent act that constitutes a departure from accepted medical practice (see Cook v Reisner, 295 AD2d 466, 467 [2002]; see also Bellafiore v Ricotta, 83 AD3d 632, 633 [2011]…
discussed Cited as authority (rule) Corletta v. Fischer
N.Y. App. Div. · 2012 · confidence medium
In opposition to the Healthmed defendants’ prima facie showing, the plaintiff failed to raise a triable issue of fact as to the liability of Fischer (see Ballek v Aldana-Bernier, 100 AD3d 811 [2012]; Bellafiore v Ricotta, 83 AD3d 632, 633 [2011]; Soto v Andaz, 8 AD3d 470, 471 [2004]).
discussed Cited as authority (rule) Corletta v. Fischer
N.Y. App. Div. · 2012 · confidence medium
In opposition to the Healthmed defendants’ prima facie showing, the plaintiff failed to raise a triable issue of fact as to the liability of Fischer (see Ballek v Aldana-Bernier, 100 AD3d 811 [2012]; Bellafiore v Ricotta, 83 AD3d 632, 633 [2011]; Soto v Andaz, 8 AD3d 470, 471 [2004]).
discussed Cited as authority (rule) WULBRECHT, NANCY S. v. JEHLE, M.D., DIETRICH V.
N.Y. App. Div. · 2012 · confidence medium
Thus, defendant cannot be held liable for any alleged malpractice on the part of Dr. Giessert, inasmuch as she did not exercise any independent medical judgment, and the directions of Dr. Brooks and Dr. Yu did not so greatly deviate from normal practice that Dr, Giessert should have intervened (see Lorenzo, 74 AD3d at 1713 ; Muniz, 49 AD3d at 513-514 ; Soto v Andaz, 8 AD3d 470, 471 [2004]).
discussed Cited as authority (rule) WILLIAMS, DORETHA v. MOSCATI, JR., M.D., RONALD M.
N.Y. App. Div. · 2011 · confidence medium
Even assuming, arguendo, that ECMCC met its initial burden with respect to Dr. Ansari, plaintiff submitted an expert affidavit rais *1609 ing a triable issue of fact whether Dr. Ansari exercised medical judgment independent from that of Dr. Moscati (see generally Lorenzo v Kahn, 74 AD3d 1711, 1713 [2010]; Soto v Andaz, 8 AD3d 470, 471 [2004]; Pearce v Klein, 293 AD2d 593 [2002]).
discussed Cited as authority (rule) Sela v. Katz
N.Y. App. Div. · 2010 · confidence medium
Ctr. of N.Y., 253 AD2d 616, 618 [1998] [citation omitted]; see Toth v Community Hosp. at Glen Cove, 22 NY2d 255 , 265 n 3 [1968]; Muniz v Katlowitz, 49 AD3d at 513 ; Soto v Andaz, 8 AD3d 470, 471-472 [2004]).
discussed Cited as authority (rule) Lorenzo v. Kahn (2×)
N.Y. App. Div. · 2010 · confidence medium
Likewise, “[a] resident who assists a doctor during a medical procedure, and who does not exercise any independent medical judgment, cannot be held liable for malpractice so long as the doctor’s directions did not so greatly deviate from normal practice that the resident should be held liable for failing to intervene” (Soto v Andaz, 8 AD3d 470, 471 [2004]; see Muniz v Katlowitz, 49 AD3d 511, 513 [2008]).
discussed Cited as authority (rule) Boston v. Weissbart
N.Y. App. Div. · 2009 · confidence medium
“A resident who assists a doctor during a medical procedure, and who does not exercise any independent medical judgment, cannot be held liable for malpractice so long as the doctor’s directions did not so greatly deviate from normal practice that the resident should be held liable for failing to intervene” (Soto v Andaz, 8 AD3d 470, 471 [2004]; Buchheim v Sanghavi, 299 AD2d 229 [2002], lv denied 100 NY2d 506 [2003]).
discussed Cited as authority (rule) Snyder v. Simon
N.Y. App. Div. · 2008 · confidence medium
As such, neither Morier nor Hodgetts may be held liable for any malpractice committed by Simon, and Supreme Court properly dismissed the third and fourth causes of action in the complaint against them (see Soto v Andaz, 8 AD3d 470, 471 [2004]; Harrington v Neurological Inst. of Columbia Presbyt.
discussed Cited as authority (rule) Muniz v. Katlowitz
N.Y. App. Div. · 2008 · confidence medium
“A resident who assists a doctor during a medical procedure, and who does not exercise any independent medical judgment, cannot be held liable for malpractice so long as the doctor’s directions did not so greatly deviate from normal practice that the resident should be held liable for failing to intervene” (Soto v Andaz, 8 AD3d 470, 471 [2004]; see Toth v Bloshinsky, 39 AD3d 848 [2007]; Cook v Reisner, 295 AD2d 466 [2002]; Filippone v St.
discussed Cited as authority (rule) Cerny v. Williams
N.Y. App. Div. · 2006 · confidence medium
Clare’s Hosp., 67 NY2d 72, 79 [1986]; O’Regan v Lundie, 299 AD2d 531 [2002]; Woodard v LaGuardia Hosp., 282 AD2d 529 [2001]), and cannot be held concurrently liable with such a physician unless its employees commit independent acts of negligence or the attending physician’s orders are contraindicated by normal practice (see Petty v Pilgrim, 22 AD3d 478, 479 [2005]; Soto v Andaz, 8 AD3d 470, 471 [2004]; Walter v Betancourt, 283 AD2d 223, 224 [2001]), the record fails to establish, prima facie, a critical element of this defense, i.e., that the medical decisions alleged to have been a depa…
discussed Cited as authority (rule) Velez v. Goldenberg
N.Y. App. Div. · 2006 · confidence medium
There was no evidence that Goldenberg exercised independent medical judgment in the treatment of the plaintiff, or should have prevented the alleged departures committed by Milman (see Soto v Andaz, 8 AD3d 470, 471 [2004]; Roseingrave v Massapequa Gen.
cited Cited as authority (rule) Petty v. Pilgrim
N.Y. App. Div. · 2005 · confidence medium
Clare’s Hosp., 67 NY2d 72, 79 [1986]; Soto v Andaz, 8 AD3d 470, 471 [2004]; Orgovan v Bloom, 7 AD3d 770 [2004]).
cited Cited as authority (rule) Welch v. Scheinfeld
N.Y. App. Div. · 2005 · confidence medium
Finally, there is no evidence that the physicians who assisted Dr. Scheinfeld in the birth deviated from any of his directions (see Soto v Andaz, 8 AD3d 470, 471 [2004]; Filippone v St.
discussed Cited "see" Van Hook v. Doak
N.Y. App. Div. · 2024 · signal: see · confidence high
Kent and the Kaleida Health defendants met their burden on the Kaleida motion with respect to Kent by submitting evidence that plaintiff was Doak's patient, Doak determined the surgery that was to be performed, and Doak directly supervised Kent during the facetectomy, and plaintiff failed to raise a triable issue of fact in opposition ( see id .; see generally Soto v Andaz , 8 AD3d 470, 471 [2d Dept 2004]).
cited Cited "see" Clark v. Ravikumar
N.Y. App. Div. · 2011 · signal: see · confidence high
Hosp., 7 NY3d at 552-553 ; see Soto v Andaz, 8 AD3d 470, 471 [2004]).
Retrieving the full opinion text from the archive…
Beatriz Soto
v.
Charusheela S. Andaz, and \John\" Seenevasan"
Appellate Division of the Supreme Court of the State of New York.
Jun 14, 2004.
8 A.D.3d 470
2004 N.Y. App. Div. LEXIS 8478
Cited by 37 opinions  |  Published

In an action to recover damages for medical malpractice, etc., the defendant Thangamani Seenivasan, sued herein as “John” Seenevasan, appeals from an order of the Supreme Court, Kings County (Levine, J.), dated October 17, 2003, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as as[*471] serted against the appellant, and the action against the remaining defendants is severed.

The defendant Dr. Charusheela S. Andaz performed a laparoscopic cholecystectomy on the injured plaintiff Beatriz Soto (hereinafter Soto) at the defendant hospital Lutheran Medical Center (hereinafter Lutheran). Dr. Andaz was assisted in the surgery by the appellant, a chief surgical resident, who, at the time, was doing a rotation at Lutheran. As part of the procedure, the appellant clipped and dissected Soto’s cystic duct. A few days after surgery and Soto’s release from Lutheran, Soto was readmitted, and it was determined that bile was leaking from the cystic duct. The plaintiffs subsequently commenced this action against, among others, the appellant, alleging, inter alia, that he inadequately clipped Soto’s cystic duct, and negligently failed to perform an intraoperative cholangiogram which would have alerted him to the bile leak. The appellant moved for summary judgment dismissing the complaint insofar as asserted against him. The appellant contended that he could not be held liable because Dr. Andaz supervised and instructed him during the procedure, he did not exercise any independent medical judgment, and Dr. Andaz’s instructions did not so greatly depart from normal practice that he should be liable for failing to intervene. The Supreme Court denied the motion. We reverse.

A resident who assists a doctor during a medical procedure, and who does not exercise any independent medical judgment, cannot be held liable for malpractice so long as the doctor’s directions did not so greatly deviate from normal practice that the resident should be held liable for failing to intervene (see Cook v Reisner, 295 AD2d 466 [2002]; Buchheim v Sanghavi, 299 AD2d 229 [2002]; Roseingrave v Massapequa Gen. Hosp., 298 AD2d 377 [2002]; Filippone v St. Vincent’s Hosp. & Med. Ctr. of N.Y., 253 AD2d 616 [1998]). The appellant satisfied his initial burden on the motion by submitting evidence that he was under Dr. Andaz’s direct supervision at the time of the procedure, and that Dr. Andaz did not so greatly deviate from normal practice that the appellant should be liable for failing to intervene.

In opposition, the plaintiffs failed to raise a triable issue of fact. Although the evidence demonstrated that the appellant played an active role in Soto’s procedure, it did not demonstrate the exercise of independent medical judgment (see Buchheim v Sanghavi, supra; Roseingrave v Massapequa Gen. Hosp., supra; Walter v Betancourt, 283 AD2d 223 [2001]). In addition, the plaintiffs did not raise a triable issue of fact as to whether Dr.[*472] Andaz’s directions “so greatly departed from normal practice” that the appellant should be liable for failing to intervene (Cook v Reisner, supra at 467; see Filippone v St. Vincent’s Hosp. & Med. Ctr. of N.Y., supra).

In light of this determination, we do not reach the parties’ remaining contentions. Ritter, J.P., Altman, Mastro and Skelos, JJ., concur.