In Topel v. Long Is. Jewish Med. Ctr., 55 NY2d 682, 431 NE2d 293, 446 NYS2d 932 [1981], the Court of Appeals affirmed the setting aside of a jury verdict in favor of the plaintiff by concluding that the issue in the case "was a matter of professional judgment for which [the] defendant doctor cannot be held" (55 NY2d at 684). There, plaintiff argued that plaintiff's decedent, who committed suicide, should have been under constant observation rather than observed at 15-minute intervals as the doctor ordered. The court held: "While the line between medical judgment and deviation from good medical practice is not easy to draw, we conclude that more is required to make out a prima facie case against a doctor than was presented by plaintiff's expert testimony. To hold otherwise on the basis of expert opinion which does not negate the factors, listed above, upon which the attending physician based his judgment is to subject every judgment made by a doctor, no matter what its basis, to the second guess of a jury." (55 NY2d at 684-685.)