Friday, March 15, 2013

Conflict of interest and liability - a cautionary tale

Medicolegal sidebar: corporate relationships and increased surgeon liability risk.

This article bridges two of our recent articles, one on conflicts of interest and the other on orthopaedic malpractice.

This is a very timely reminder that conflicts of interest may complicate malpractice defense. The authors discuss a case in which a cold therapy device was prescribed to a patient after need surgery.  The result was that the patient sustained severe cold injury requiring multiple surgeries and leaving permanent scarring. The complicating issue is that the device was sold and rented by the surgeon's office, creating a de facto conflict of interest. The case came to trial with a verdict for the plaintiff totaling $12,696,220, including negligence, economic damages and punitive damages shared by Breg, Inc (the manufacturer) and the surgeon.

In the opinion of the authors, the size and nature of the verdict were influenced by the financial relationship between the manufacturer and the surgeon that had the potential to interfere with optimal patient care.

Use the "Search" box to the right to find other topics of interest to you.

You may be interested in some of our most visited web pages including:shoulder arthritis, total shoulder, ream and run, reverse total shoulder, CTA arthroplasty, and rotator cuff surgery.

See from which cities our patients come.

See the countries from which our readers come on this post.