Chain of Custody

Chain of custody is the documented record showing who collected a piece of evidence, when, and everyone who handled, stored, or tested it from collection through trial. In asbestos cases, it most often applies to physical samples (lung tissue, product fragments, dust samples, or air filters) and to medical specimens like pathology slides and tissue blocks.

Origin

The concept developed in Anglo-American evidence law as courts increasingly relied on physical and scientific evidence in the 19th and 20th centuries. "Custody" comes from the Latin custodia, meaning guardianship, and the "chain" reflects the unbroken sequence of handlers that must be shown to authenticate the item.

Significance in Asbestos Context

In an asbestos case, much of the proof depends on physical materials that travel between many hands. A biopsy taken at a hospital may be sent to a pathologist, then to an outside expert for fiber burden analysis; a piece of insulation pulled from an old jobsite may be sent to a laboratory for fiber identification. If the documentation of those transfers has gaps, the defense can argue the sample was contaminated, switched, or tampered with, and a judge may exclude the results. For patients and families, this is why hospitals, labs, and your legal team are so particular about labeling, signatures, and shipping records. A missing form can knock out evidence that would otherwise prove what kind of asbestos you were exposed to or confirm your diagnosis.

Example Sentence

Before sending the lung tissue block to the expert for fiber analysis, the attorney made sure the chain of custody was documented from the hospital pathology department to the shipping company to the laboratory.

Related Terms

Fiber Burden Analysis, Pathology Slides, Admissibility, Evidence, Tissue Digestion, Expert Witness

Notes

• If you or a family member undergo a biopsy, thoracentesis, or autopsy, ask the hospital to preserve all tissue blocks and slides. These are often the most important physical evidence in your case and cannot be recreated.
• Tell your treating physicians and the hospital pathology department in writing not to discard any specimens; request a retention hold, because many hospitals routinely destroy tissue after a set period.
• When samples are sent to outside experts, your legal team should use chain-of-custody forms signed at every transfer; ask whether tracked, signature-required shipping is being used.
• If you collected product samples yourself (old insulation, joint compound, brake parts), photograph them in place, bag and label them with date and location, and turn them over to your attorney rather than handling them repeatedly.