An all-too-common problem
We see cases like this a lot. Though secondhand equipment is espe-
cially at risk of poor maintenance and subsequent malfunctions, the
situation could happen to anyone. Even a large healthcare organiza-
tion with new equipment can run into trouble if it doesn't hold regular
inspections and the device has a breakdown.
Typically, though, it's most likely to occur in smaller ASCs. There are
a few reasons for this. Since they're more likely to purchase used
equipment from larger hospital organizations, they're more at risk of
using outdated devices. Additionally, many times the decision comes
down to a few physician-owners who may only look at the margins. If
you're saving $30,000 on an anesthesia machine, why cut into those
savings by spending an additional $700 to have it serviced and certi-
fied?
There's also the issue that the machine may not be used in a uni-
form manner. In centers with several different physician groups and
specialties, some docs will use equipment harder than others, leading
to excessive wear-and-tear issues.
Keep in mind that the liability falls on the purchaser of the equip-
ment, not the seller. In the example above, the nurse using the suction
device is assuming that it's in good working condition and can fulfill
its duty to the patient, putting the blame of any error on the center
that purchased it.
Preventing a liability claim
Preventing a problem is much easier than dealing with the adverse
effects afterward. Here are a few key ways to mitigate your medical
malpractice risk when purchasing used medical equipment:
• Get it certified before you purchase. If there's one thing I wish more facili-
Medical Malpractice
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