• Risk Managing Company Representatives

• Potential Points for Discussion

Does Hospital management know that company reps are there?

Do they know the extent of their activities?

Is there a policy for medical device reps activities in clinical areas?

What is the current mechanism for the hospital to indemnify itself against the presence and activities of reps while in clinical areas? This would suggest that an indemnity from the company for their reps is needed.

Compare Pharmaceutical and Medical devices industry -is it helpful for a hospital to ask for externally validated evidence of competence.

If companies are not providing this standard for their employees should the hospital demand it, on the basis that this remains an unquantifiable risk?

Under Management regs. The hospital has to show their risk assessment of this situation.

Currently in the contract between patient and hospital, anything that happens to patient the hospital has full responsibility. If the hospital fails in Duty of Care in any way, they have liability. If they show that they have minimized all risks associated with the group of people supporting the clinical team, then the liability is reduced and shared with the company.

In light of the foregoing, it is accepted that there is risk to the NHS of litigation due to the unacknowledged presence and activities of Company Representatives.

Assuming such risk exists, what are the implications for the NHS for Risk Management?

What are the implications for the employer of the CR within the terms of employers' liability and vicarious liability?

The primary responsibility for anyone present on hospital premises will always be with the hospital. Would the hospital meet their legal obligations if they carried out a risk assessment of the activities of company reps in clinical areas?