If I want to keep my tissue after it is removed during surgury but my surgeon claims that it is not legal, is this true?

UPDATED: Oct 1, 2022

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If I want to keep my tissue after it is removed during surgury but my surgeon claims that it is not legal, is this true?

I am getting a franectomy in the next month and during the consultation, I asked if I would be allowed to keep my tissue after it is removed. The doctor told me that once it was removed, it would be considered bio waste and it was illegal for them to hand it over to me. I find that utterly ridiculous. Honestly, I don’t really want to

keep my frenum but I’m angry they wont let me. Can I claim my tissue?

Asked on January 25, 2019 under Malpractice Law, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The doctor is correct. Biological waste is a health hazard and the doctor and hospital would be liable for negligence if the tissue is not disposed of properly.
If doctors returned tissue to patients after surgery and the patients and/ or others became ill from handling it or being in proximity to it, there would be lawsuits filed against doctors and hospitals.

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