Medtronic Attorney Defends Company Reps in ORs

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Medtronic principal litigation counsel Max Heerman and Greenberg Traurig shareholder Daniel Smulian say that medical device company representatives should continue to be allowed in operating rooms because they “are a constructive presence, providing technical support to doctors and their staffs, and improving outcomes for patients.” Writing in a Washington Legal Foundation Legal Backgrounder, the two say that trade associations, hospital systems, and manufacturers have all put reasonable restrictions in place that should allay any concerns that reps will overstep their bounds.

The backgrounder discusses the technical support role that manufacturer reps play in the operating room and how it differs from the practice of medicine. It notes that reps are present only when invited by doctors and that the doctor remains in charge. The authors also discuss several court cases brought against reps arising from procedures they attended. They say that courts have too often misunderstood the role of reps in the operating room and should protect them from liability “in all but the rarest factual circumstances.”

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