2006 New York Code - Municipal Liability For Malpractice Of Certain Physicians, Resident Physicians, Internes, Dentists, Podiatrists And Optometrists In Public Institution



 
    §  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 section fifty-e of this chapter. Every
  such action shall be commenced pursuant to  the  provisions  of  section
  fifty-i of this chapter.
    3.  The  provisions of this section shall not apply to the city of New
  York.

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