Sales Representative in the OR: Navigating a Liability Minefield a 15-year Retrospective

Fifteen years ago, Attorney Eric Zalud joined Medmarc as the inaugural Risk Management webinar presenter, speaking on a topic of great importance to the Medmarc audience – the products liability risk created when sales reps enter an operating room (OR) setting. Proving that, as much as technology changes, many aspects of products liability risk in life sciences stay the same, Eric returns in this special edition webinar with an update for us for a 15-year Retrospective. The discussion covered the role of sales representatives, their interactions with doctors and hospital staff, and the potential for legal issues arising from their presence in ORs. Eric highlighted the importance of understanding the legal principles involved in such situations, as they can become complex and challenging. The presentation also touched on the role of sales representatives in providing technical support and training to surgeons. Eric wrapped up the webinar with a useful top 10 tips for minimizing liability in the OR.

On-demand Chapters
00:00 - Introduction About the Speaker; Eric Zalud | Benesch
05:16 - Primary Role of a Sales Representative
06:57 - Sales Representatives in the OR: What They Know May Be Dangerous
13:17 - Consent Form Examples
15:59 - Preemption
19:46 - Liability of Sales Representative for Acts Occurring in the OR
25:48 - Learned Intermediary Doctrine
32:04 - Lightning Round!
35:18 - Duty to Train
36:47 - The Hospital’s Perspective
38:34 - The Sales Rep's Perspective
41:24 - Top 10 Tips for Minimizing Liability for Reps in the OR
44:53 - One Last Buzz Word that Could Win Your Case
46:22 - Questions and Closing