N.Y. General Municipal Law § 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 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.