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Biopsy specimens should be legally defined as donations
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     EDITOR—Most people can understand that distress could be caused by retention of a whole organ, especially, for example, the heart, which has a strong emotional symbolism.1 However, I am curious why any rational person who is not driven by media sensationalism, political activism, or compensation would have a very strong desire to have their biopsy specimen returned in the future, especially if this entailed removing the cover slip off a slide and scraping the particulate contents into an envelope.

    Although we need to consider the needs of the individual, if we let this drive legislation and planning, society should be aware that medical research as well as the routine histopathology service could suffer. A sensible balance must be struck between the needs of the individual and the needs of those who work with human tissue, bearing in mind that most of this work is in the favour of patients and therefore the individual. The Human Tissue Bill's stance on DNA analysis is little more than criminalisation of highly pertinent honest medical research which is performed with the ultimate aim of beneficence.

    To prevent an unfavourable outcome, ultimately for all members of society, careful consideration of diverse issues surrounding human tissue is needed. One solution would be to make the legal definition of a biopsy synonymous with a donation to the NHS or institution concerned. Providing that there is valid consent and the patient's details remain strictly confidential this could solve many of the current problems.

    Paul K Wright, clinical fellow in breast surgery

    Department of General Surgery, Royal Victoria Infirmary, Newcastle upon Tyne NE1 4LP paulkingsley001@yahoo.com

    Competing interests: None declared.

    References

    Dyer C. Thousands of families to sue over retained organs. BMJ 2004;328: 184. (24 January.)