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Judge: State must allow censured medical examiner to perform autopsies PDF Print E-mail
Written by DeadGirl   
Sunday, 29 August 2004
Judge: State must allow censured medical examiner to perform autopsies

August 27, 2004


ATLANTIC CITY, N.J. -- A medical examiner barred from performing autopsies in New Jersey after his mistake prompted a murder charge against an innocent man should have his autopsy privileges restored, an administrative law judge has ruled. The state sanctioned Dr. Elliot Gross, 70, last year after he admitted that he had erred in an autopsy on Eileen Andros, 31, of Pleasantville. Her body was found by her husband, James Andros III, who later was accused in the death after Gross ruled she had been suffocated.

The murder charge was later dropped after it was learned the woman died of a rare cardiac ailment.

Gross appealed the state's decision and, in a ruling made last month but not disclosed until Thursday, Administrative Law Judge Richard Wells said Gross' error in the Andros case was negligent, but isolated.

"It was not part of a pattern fitting the legal definitions of 'professional incompetence,"' Wells said in his ruling. "It is my conclusion that if the Legislature intended a medical examiner to be found ineligible to perform his duties due to one act of professional negligence, (it) would have so stated."

State officials now have 45 days to accept Wells' findings, reject them or modify them.

Gross told The Press of Atlantic City that Wells' decision confirms that the state's actions against him were "outrageous."

Gross said he performed more than 7,000 autopsies during a career that spans more than 40 years.

"I've never doubted my professional competence," he said.

Information from: The Press of Atlantic City, http://www.pressofatlanticcity.com

http://www.newsday.com/news/local/wire/ny-bc-nj--medicalexaminerce0827aug26,0,218715.story?coll=ny-ap-regional-wire
 
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