Landmark case.
If you think your tissue is your own once it is separated from you,
think again. In a precedent setting landmark case in Ontario the court
ruled that excised human tissue belongs not to the person from whom it
came but to the institution that holds it. Its hard to imagine why
anyone would care and I think it's appropriate that it should belong to the institution because there is a
greater likelihood that this would be of research or teaching value. It would also be available for a retrospective review where
subsequent diagnostic doubt may arise. I can't imagine many patients saving the tissue for future reference. There are not many reasons I can
think of that a patient would want such tissue, or control of it, other than
in some rare medico legal issue and that is precisely how this case
arose. In order to verify his diagnosis a physician petitioned the
court to examine a small block of liver tissue taken in 2009. Because
it was not clear to whom the tissue belonged the doctor had to seek
permission. In this case the court made a rational and for Ontario, precedent setting decision and
determined the tissue belonged to the institution and not to the
patient.
The other reason is a financial one. If your tissue is used for research and this leads to a new drug or test, that turns out to be a big money maker, if you own the tissue strain that is being used, then you are in a position to profit mightily.
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