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When Drug and Device Company Reps Enter the Room
It is becoming increasingly common for medical company representatives to be present in examination rooms, procedure rooms and even in operating rooms. Because of this trend, it is important not only for medical companies, but also for hospitals and physicians to be aware of the potential liability related to having these representatives present during examinations or procedures.
While there are very few legal decisions addressing these situations, in our litigious society we can certainly anticipate that there will be more lawsuits in future that attempt to attribute liability to the medical companies, the company representatives, physicians and, potentially, hospitals.
Various theories of liability have been advanced for situations in which non-medical personnel were present in a procedure or operating room. These theories often involve common-law privacy interests. In addition to a potential violation of privacy, parties involved may be liable for claims regarding a lack of informed consent. Also, the company representatives themselves may be liable for claims involving the unauthorized practice of medicine.
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