What is the test for a medical examiner to take possession of a patient's body and conduct an autopsy?
"New York", United States of America
The following excerpt is from Shipley v. City of N.Y., 16 N.Y.S.3d 1, 2015 N.Y. Slip Op. 04791, 25 N.Y.3d 645, 37 N.E.3d 58 (N.Y. 2015):
(1) an assumption by the municipality, through promises or actions, of an affirmative duty to act on behalf of the party who was injured; (2) knowledge on the part of the municipality's agents that inaction could lead to harm; (3) some form of direct contact between the municipality's agents and the injured party; and (4) that party's justifiable reliance on the municipality's affirmative undertaking (Valdez v. City of New York, 18 N.Y.3d 69, 80, 936 N.Y.S.2d 587, 960 N.E.2d 356 [2011] ).
Here, the medical examiner took possession of the body, conducted an autopsy,
[37 N.E.3d 76]
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