A NYC medical malpractice attorney in must file action within two and a half years after the act has been performed or from the end of a continuous treatment while the act had been performed. If a medical malpractice attorney in NYC files an action claiming wrongful death, it must be brought within two years from the date of incurred death. New York’s laws state that a claimant’s negligence will not bar recovery of losses, but the recoverable damages will be reduced comparatively to his negligence. Hospitals will not be found to be vicariously liable for the acts of non-employee members of the medical staff, but they can be found liable for emergency physicians and others because they hold independent contractors as employees.