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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 114045
Experience:  Attorney experienced in commercial litigation.
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I am scheduled shoulder replacement surgery and wish to gain

Customer Question

I am scheduled for reverse shoulder replacement surgery and wish to gain possession of the bone pieces of my body which will be removed during surgery. My first (second person) contact with the director of the pathology department of the hospital involved wants me to believe that New York State law prohibits such return. These items are not diseased, only worn out from old age. What NYS law would govern this matter.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There is actually no NY law that prohibits the pathology department from providing the parts. It is not illegal, although a strange request, but I have seen people who have gotten their kidney stones or tonsils preserved for them and given to them after surgery and this is no different actually. There is no NY law prohibiting it, but the doctors and hospitals love to hide behind some "hidden law" they make up and figure people will go away.

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