Re: [Histonet] The LEGAL side of specimen ownership

2021-08-19 Thread E. Wayne Johnson via Histonet

 Townsend synth intro [dito 
dito dito dito nano dito nano dito]

Washington University vs WJ Catalona (2005, 2008) dealt with the subject of 
research samples
which had been formally donated to the university, not with body parts excised 
during the course of
surgery that the patient wants to take home and cook or feed to their pet or
have bronzed and display on the mantle.


Actually the use of the donation form in the case of WU vs Catalona implies that
the patient had rights over the material which were then waived by the 
completion of
the form.  The issue in "Catalona" was whether or not the researcher Catalona 
could
retain some research tissue if the donor so directeed it to stay with him, or if
the university could hang onto the stuff because it was donated to the 
university.

Portuguese national law follows a Lockean interpretation of personal property 
rights
that the body parts belong to the individual and on his death the ownership 
passes to
the family.

Nevertheless physical possession is always a large practical part of a legal 
right
and it could be some difficulty wresting the material out of the clutching hands
of biomedical bureaucrats.

https://youtu.be/UDfAdHBtK_Q?t=445


E. Wayne Johnson DVM
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Terri Braud via Histonet wrote:

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.
 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" 
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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Re: [Histonet] The LEGAL side of specimen ownership

2021-08-19 Thread Terri Braud via Histonet
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.
 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" 
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
Enable AgTech
Beijing




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Re: [Histonet] release of body parts

2021-08-19 Thread Bob Richmond via Histonet
Patients should not be given formalin. You can transfer the specimen to 70%
alcohol, and hope they don't drink it.

If you're in one of those unusual pathology services where photography is
permitted, I wonder if you could offer the patient a photograph of the
specimen by e-mail.

Bob Richmond
Samurai Pathologist
Maryville TN
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Re: [Histonet] release of body parts

2021-08-19 Thread E. Wayne Johnson via Histonet

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
Enable AgTech
Beijing


John Garratt via Histonet wrote:

I suggest that path labs start a discussion with Risk Management team and 
lawyers to get advice on the tease of tissues to patients.
The uterus in the landfill or the gallbladder at school “show and tell” will be 
sure to get your legal department on edge and the lab’s name in the local paper.
When everybody is stretched to the limit to provide pathology should you also 
be providing a souvenir service when there is a perfectly good gift shop in the 
hospital?
Having a process in place, like using a funeral home with a lab fee attached 
tends to sort out those who just want something to shows their pals at the 
coffee shop.

John

John

Sent from ProtonMail for iOS

On Wed, Aug 18, 2021 at 4:44 PM, Jay Lundgren via Histonet 
 wrote:


It's all fun and games until someone finds a uterus in a landfill.
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Re: [Histonet] release of body parts

2021-08-19 Thread John Garratt via Histonet
I suggest that path labs start a discussion with Risk Management team and 
lawyers to get advice on the tease of tissues to patients.
The uterus in the landfill or the gallbladder at school “show and tell” will be 
sure to get your legal department on edge and the lab’s name in the local paper.
When everybody is stretched to the limit to provide pathology should you also 
be providing a souvenir service when there is a perfectly good gift shop in the 
hospital?
Having a process in place, like using a funeral home with a lab fee attached 
tends to sort out those who just want something to shows their pals at the 
coffee shop.

John

John

Sent from ProtonMail for iOS

On Wed, Aug 18, 2021 at 4:44 PM, Jay Lundgren via Histonet 
 wrote:

> It's all fun and games until someone finds a uterus in a landfill.
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