New York's medical malpractice market is the highest-value venue in the nation — no statutory caps, a 30-month SOL (2.5 years), pure comparative negligence, and Lavern's Law for foreign object cases. AI-powered intake must be grounded in New York's Rules of Professional Conduct (22 NYCRR Part 1200).
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1. Competence (22 NYCRR 1200 Rule 1.1)
New York's competency standard requires attorneys to understand the technology they use. Firms using AI must review AI-generated outputs, know how the AI identifies negligence markers, and maintain documentation of AI-assisted screening.
2. Client Confidentiality (22 NYCRR 1200 Rule 1.6)
AI platforms must: never train on client data, provide end-to-end encryption, offer signed BAAs, and maintain audit trails for all data access.
3. Lavern's Law and AI Screening
Lavern's Law (2018) extended the SOL for foreign object cases — the clock runs from discovery, not surgery. AI intake systems must recognize foreign object claims and apply the correct SOL calculation automatically.
4. Pure Comparative Negligence
New York's pure comparative negligence standard means plaintiff fault rarely bars recovery. AI screening tools must reflect this more plaintiff-friendly standard — unlike states with modified comparative fault or contributory negligence bars.
5. Supervision (22 NYCRR 1200 Rule 5.3)
Establish written AI policies, regular quality audits, and attorney accountability for all work product. The supervising attorney retains full responsibility.