[Histonet] The LEGAL side of specimen ownership

[Terri Braud]

Sorry, E. Wayne, but in the USA, according to December 2004 JAMA The Journal of the American Medical Association 292(20):2500-5, recent examination of these issues by a US federal court resulted in a ruling that individuals do not retain rights of ownership or control of biological materials.  It belongs to the receiving laboratory.
A small collection of case law has determined that samples are controlled and owned not by those who contributed them but by researchers or their institutions. Taken together, the cases do not offer clear guidance; they are consistent only in their denial of a right claimed by individuals who contributed samples. Genet Med. 2011 Jun; 13(6): 569-575.
It is not YOUR gallbladder if you go to a hospital to have it removed. It becomes the property of the hospital or where ever they chose to send it.
<Cue Law and Order sound> DONG DONG
Terri L. Braud, HT(ASCP)
HNL Laboratories for Holy Redeemer Hospital
1648 Huntingdon Pike
Meadowbrook, PA 19046
Ph: 215-938-3689
Fax: 215-938-3874

6. Re: release of body parts (E. Wayne Johnson)
Message: 6
Date: Thu, 19 Aug 2021 23:32:13 +0800
From: "E. Wayne Johnson" <ewj at pigs.ag>
Subject: Re: [Histonet] release of body parts
I will take the other side of this argument.

If you go to the Dentist and he extracts a tooth, it is the usual procedure that he gives it to you.
After all it is "your tooth".

Like wise, it's your gall bladder.? The legal department should understand that it is your personal property and the mining of it from your body gives the hospital no particular right to take control of it any more than they have the right to take control of a birthed infant.

E. Wayne Johnson DVM
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