Legal Opinion

Kellogg v. Office of Chief Medical Examiner

New York Supreme Court

Decided September 24, 2001PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Paul A. Victor, J.

The Issues Presented

The following novel legal issues are presented by defendant’s motion for summary judgment:

1. Does the law provide a Medical Examiner in the City of New York with an unfettered discretion to (a) investigate the circumstances of a death; and/or (b) to conduct an autopsy?

2. Does a request by a terminally ill decedent to decline medical treatment or to discontinue artificial life support, constitute, in and of itself, an “unusual circumstance” warranting the exercise of discretion to perform an autopsy?

3. Does a quadriplegia sustained by a…

2Cases cited21 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
  3. Eichner v. DillonNew York Court of Appeals · 1981
  4. Larson v. ChaseSupreme Court of Minnesota · 1891
  5. Patterson v. . PattersonNew York Court of Appeals · 1875

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3Cited by1 opinion

  1. Kellogg v. Office of the Chief Medical ExaminerNew York Supreme Court · 2004

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