However, because the hospital has full responsibility for the patient, it is legally liable in the event of any adverse events.
That means there is a requirement for official recognition of the role of the company representative as that of a relevant competent professional, supporting best practice for the patient.
Concerns over the dangers presented to hospitals are being voiced by managements, surgical teams and company representatives themselves.
Don’t forget, even the mere presence of a product specialist in an operating theatre can present adequate grounds for legal proceedings being taken against hospitals.
While such liability can generally be avoided altogether with an appropriate patient consent, it is important to understand under what circumstances a consent is either advisable or required.
Applicable local law should always be consulted to determine if there are any regulations prohibiting a representative’s presence. Even if the local law is silent, the company representative should be familiar with the policies of the hospital or clinic at which the treatment will occur.
With an HC Skills International qualification, medical device, pharmaceutical and other related company representatives who are required to be present in clinical areas in order to provide technical support become able to formally demonstrate their professional competence and justify their presence, eliminating legal risks to their employers and to hospital managements and thereby ensuring that patient safety remains paramount.