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This entry was published on 2014-09-22
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SECTION 50-D
Municipal liability for malpractice of certain physicians, resident physicians, internes, dentists, podiatrists and optometrists in publi...
General Municipal (GMU) CHAPTER 24, ARTICLE 4
§ 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.