Is it legal to perform an unauthorized biopsy during breast reduction?

Question

I had a breast reduction. One month later, I received a bill from pathology. I had no idea that my breast tissue had been sent to pathology. I was told by my plastic surgeons office that informing patients of any results was not standard. I had no idea that tissue was sent to pathology until I got a bill. Legality?

Joshua Cooper, MD, FACS · Answer

We send all of our breast reduction patients' breast tissue to the pathologist to be examined for breast cancer.Our cosmetic breast reduction patients (those not billed to insurance) pay for this out of pocket.For our insurance breast reduction patients, insurance pays the pathology bill. The chance of having breast cancer in the specimen is uncommon. However, it can occur.Wouldn't you want to know if you had an undiagnosed breast cancer?  Of course you would. We inform all of our patients that their breast tissue will be sent to pathology.  It sounds like you were not informed of this. Consider discussing this with your plastic surgeon.

Steven Wallach, MD · Answer

It is common practice to send breast tissue to the pathology lava after removal during a lift or reduction.

Is it legal to perform an unauthorized biopsy during breast reduction?

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