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Company Representatives and Modern Medical Technology

By Michelle Hart Yeary and Alicia M. Farley

When we think of sales representatives in the healthcare setting, we typically picture pharmaceutical representatives visiting doctors' offices to distribute samples and promotional materials. In recent years, however, as medical device technology has rapidly advanced, the presence of medical device company representatives in operating and procedure rooms has become increasingly common. Whether representatives attend surgeries to observe uses of the device, to assist the medical staff by making the appropriate supplies available, or to calibrate technical products, their presence can be a benefit to surgeons, companies, and patients alike. However, while company representatives can provide technical support for complex devices and keep surgical staff informed about new technology, their presence in operating and procedure rooms is not without controversy. When things go wrong, patients may use the presence of company representatives to advance theories of liability against device manufacturers that they would otherwise not face.

Theories of Liability

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