The presence of a sales representative in the operating room during a surgical procedure may be a liability issue for the surgeon, hospital and surgical supply company. Compliance with clear guidelines should minimize this risk exposure and ensure patient safety.
Factor
Increased Risk
Decreased Risk
informed consent by the patient
not obtained
obtained and well-documented
facility policies on sales representatives
none or inadequate
clear and well-defined
surgeon
lack of expertise with the equipment
well-trained in use prior to the procedure
behavior of sales representative
construed as practicing medicine (performing diagnosis and/or treatment)
avoids any semblance of performing diagnosis or treatment; refrains from verbal communication and physical contact with the patient
actions of the sales representative in the OR
scrubbed and assisting the surgeon
not scrubbed and not allowed to enter the sterile field
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