It is becoming increasingly common for medical company representatives to be present in examination rooms, procedure rooms and even operating rooms. Because of this trend, it is important not only for medical companies, but also for hospitals and physicians to be aware of the potential liability related to having these representatives present during examinations or procedures.

While there are very few legal decisions addressing these situations, in our litigious society we can certainly anticipate that there will be more lawsuits in future that attempt to attribute liability to the medical companies, the company representatives, physicians and, potentially, hospitals.