Friona, TX asked in Family Law and Health Care Law for Texas

Q: How can I make the hospital disclose the date that the destroyed pathology specimens?

The hospital had an internal policy requiring them to maintain the pathology specimens for 11 years. They were given multiple notices to retain the specimens so that I could take charge of them for research purposes. I properly submitted the letters testamentary and prove that I was the sole and independent executor of his estate. I had the legal authority to request the pathology specimens. The hospital had agreed to have the specimens transferred to another lab of my choosing. Instead, they destroyed the specimens due to a change in lab managers. I believe that they destroyed the specimens well before the 11 year retention period had ended. They are refusing to tell me when the specimens were destroyed. I believe that this is spoilation intended to conceal their actions.

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