Why Don't Surgeons Allow Patients to Keep Their Own Body Parts After Surgery?

Many people are often curious about the fate of body parts removed during surgery. In this article, we will explore why surgical body parts, such as the spleen or gallbladder, are typically not returned to patients. We will also examine the legal and ethical considerations surrounding the retention of such specimens.

Legal and Ethical Considerations

Surgeons are facing a unique set of challenges regarding the disposal or retention of patient body parts. Unlike other medical specimens, such as biopsy samples or pieces of hardware, surgical organs and tissues are often not returned to patients. This practice is rooted in both legal and ethical considerations.

Legal Rights and Specimen Management

In many regions, legal rights and regulations surrounding human remains are complex. Most notably, there are a few US states that have specific laws prohibiting the private ownership of human remains, except in exceptional cases. Other states provide no prohibitions. This ambiguity creates uncertainty for patients and healthcare providers alike.

Pathological Considerations

From a medical standpoint, the specimens removed during surgery are typically prepared for pathological analysis. This process involves fixing the tissue with formalin, slicing it into microscopic sections, staining them with specific stains, and mounting them on slides. Therefore, the original organ or part is rarely returned to the patient in its intact form. The specimen is not merely a collection of cells but a meticulously prepared tissue sample for diagnostic purposes.

Patients' Requests for Specimens

While most patients do not request the return of their surgical specimens, some do make such requests. These individuals may want to preserve the organ for religious or cultural reasons or to get a second opinion from another pathologist. Healthcare providers generally comply with such requests, as patients have the right to seek a second opinion. However, there is a concern that improper storage can lead to deterioration of the slides, which can affect future diagnostic comparisons.

Ethical Concerns

From an ethical standpoint, there are issues surrounding the retention and disposal of surgical specimens. Some patients see their parts as personal property that they ought to be able to manage. However, the practical challenges of proper storage and the risk of biohazards preclude this in many cases. Additionally, there are laws and cultural practices that impact the ownership and handling of human remains, particularly for Native American individuals.

Practical and Ethical Standards

Considering the practical and ethical challenges, surgeons must navigate a delicate balance. While patients have a right to request returning their specimens, there are valid concerns about proper storage, potential contamination, and the overall well-being of the patient. For instance, organs that are not treated with formalin can indeed rot, and this raises concerns about health and hygiene. Similarly, for Native American individuals, there are specific legal restrictions on owning or trading human remains, including body parts, due to historical exploitation and colonization.

Voluntary Cooperation and Communication

Surgeons often encourage open communication with patients regarding the fate of surgical specimens. If a patient is insistent on keeping their body parts, they are directed to discuss this with their surgeon beforehand. In some cases, patients may be able to negotiate a mutually agreeable solution. However, many prefer to leave the decision in the hands of medical professionals who are trained in handling such specimens.

Conclusion

To summarize, the decision to return or retain surgical specimens is influenced by a complex interplay of legal, ethical, and practical considerations. While patients have rights to request the return of their specimens, the practical challenges and ethical standards often preclude this in most situations. Surgeons must navigate these challenges with sensitivity and diligence to ensure the well-being of both patients and society.