N.Y. General Municipal Law Section 50-D
Municipal liability for malpractice of certain physicians, resident physicians, internes, dentists, podiatrists and optometrists in publi...

§ 50-d. Municipal liability for malpractice of certain physicians, resident physicians, internes, dentists, podiatrists and optometrists in public institutions.

1.

Notwithstanding any inconsistent provision of law, general, special or local, or limitation contained in the provisions of any city charter, every municipal corporation shall be liable for, and shall assume the liability, to the extent that it shall save him harmless, of any resident physician, physician, interne, dentist, podiatrist or optometrist rendering medical, dental, podiatry or optometry services of any kind to a person without receiving compensation from such person in a public institution maintained in whole or in part by the municipal corporation, or in the course of a home care service maintained by such public institution, for damages for personal injuries alleged to have been sustained by such person by reason of the malpractice of such resident physician, physician, interne, dentist, podiatrist or optometrist while engaged in the rendition of such services. Every such resident physician, physician, interne, dentist, podiatrist or optometrist for the purpose of this section, shall be deemed an employee of the municipal corporation notwithstanding that the municipal corporation derived no special benefit in its corporate capacity.

2.

No action shall be maintained under this section against such municipality, resident physician, physician, interne, dentist, podiatrist or optometrist unless a notice of claim shall have been made and served in compliance with § 50-E (Notice of claim)section fifty-e of this chapter. Every such action shall be commenced pursuant to the provisions of § 50-I (Presentation of tort claims)section fifty-i of this chapter.

3.

The provisions of this section shall not apply to the city of New York.

Source: Section 50-D — Municipal liability for malpractice of certain physicians, resident physicians, internes, dentists, podiatrists and optometrists in publi..., https://www.nysenate.gov/legislation/laws/GMU/50-D (updated Sep. 22, 2014; accessed Oct. 26, 2024).

50
Cause of action not barred 50‑A
Municipal liability for negligent operation of vehicles 50‑B
Municipal liability for negligent operation of vehicles or other facility of transportation 50‑C
Liability for negligent operation of certain vehicles in the performance of duty by police officers and paid firefighters 50‑D
Municipal liability for malpractice of certain physicians, resident physicians, internes, dentists, podiatrists and optometrists in publi... 50‑E
Notice of claim 50‑F
Recording of notice of claim 50‑G
Recording of notice of defect 50‑H
Examination of claims 50‑I
Presentation of tort claims 50‑J
Liability of police officers for negligence in the performance of duty 50‑J*2
Civil actions against correction employees 50‑K
Civil actions against employees of the city of New York 50‑L
Civil actions against employees of the Nassau county police department 50‑M
Civil actions against police and peace officers of Suffolk county 50‑N
Civil actions against peace officers, sheriffs, under-sheriffs and deputy sheriffs of the county of Nassau 51
Prosecution of officers for illegal acts 52
Liability insurance for officers and employees 53
Alternative service of notice of claim upon the secretary of state

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N.Y. General Municipal Law Section 50-D Municipal liability for malpractice of certain physicians, resident physicians, internes, dentists, podiatrists and optometrists in publi...

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N.Y. General Municipal Law Section 50-D
Municipal liability for malpractice of certain physicians, resident physicians, internes, dentists, podiatrists and optometrists in publi...