Medical Device Sales Reps in the Operating Room: An Asset or a Liability?
Life science partners, Lisa Rice and Katie Stricklin, provided their in-depth analysis to Medical Device and Diagnostic Industry in an article titled, “Medical Device Sales Reps in the Operating Room: An Asset or a Liability?” With the advancements in medical technology, medical device sales representatives could become a source of liability for third-party claims based upon their alleged representations or actions during procedures.
Not only do medical device sales representatives deliver these devices to medical care providers as needed, but they also instruct surgical teams on when and how a device and its components are to be used. “Claims against manufacturers stemming from injuries sustained in the operating room no longer solely include conventional tort theories such as strict liability and negligence,” Rice and Stricklin explain. In the article, they review the different theories of liability against the sales representatives and defenses that can be used against them.
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