Publications
Sales Reps
What should a medical device sales representative do if she observes a surgeon using a medical device incorrectly during a procedure?
Question: What should a medical device sales representative do if she observes a surgeon using a medical device incorrectly during a procedure? Answer: While in the operating...
What should a medical device sales representative do if an adverse event occurs during a procedure?
Question: What should a medical device sales representative do if an adverse event occurs during a procedure? Answer: Medical device sales representatives must report adverse...
The Credentialing Morass
Imagine, for a moment, that there are no uniform traffic regulations in the United States and the design of signs, lights, lane markings and all other infrastructure is left to the whim...
The Learned Intermediary Doctrine
The Doctrine The Learned Intermediary Doctrine provides that a drug or medical device manufacturer has no legal duty to warn consumers of a drug or medical device’s harmful side effects...
Off-Label Promotion
Question:What risk management precautions should a firm take if significant sales are derived from off-label use of its drug or device? Answer: Promoting medical devices and...
Manufacturer Contact with Patients
Question:What should life sciences manufacturers do if contacted by patients? How much information can the manufacturer pass along, if any? Answer: When responding to a patient...
Sales Reps and the Practice of Medicine
Question:When is a medical-device sales representative who is present in a clinical setting engaging in the practice of medicine? Answer: With today’s high-tech surgical...
