New York follows pure comparative fault rules (CPLR § 1411):
- Your compensation is reduced by your percentage of responsibility
- You can recover damages even if you’re found predominantly at fault
- If you’re 30% responsible, you receive 70% of the total damages
- Even at 99% fault, you can recover the remaining 1%
This applies when patient actions contributed to the injury—such as failing to follow medical instructions or not disclosing relevant medical history. However, comparative fault rarely eliminates claims in such circumstances.