Hospital, doctors pay for alleged salesman surgery

In a case called the hallmark of such liability, a hospital and two surgeons in New York City learned in 1979 just how risky it can be to have salespeople in the OR. The facts were never established, but a malpractice case resulted in a $1 million settlement.¹

The scenario was and still is familiar: A salesman of orthopedic surgical products was observing a total hip arthroplasty performed by two orthopedic surgeons. But after the procedure, the plaintiff sued for malpractice and claimed that the surgeons allowed the salesman to perform most of the procedure. The arthroplasty was not successful, the patient alleged, and aggravated the existing hip problem. He contended that the procedure failed because the salesman performed it.

Both of the surgeons denied the allegations and claimed that the salesman never touched the patient. The salesman refused to say what happened in the OR. The case never went to trial, and the parties settled for $1 million.

The hospital agreed to pay $275,000, and the surgeons paid the remaining $725,000.

^Reference

^{1. Salesman-surgeon case settled for $1 million. Hospital Risk Management 1980; 2:157.}