A P R I L 2 0 1 6 • O U T PA T I E N TS U R G E R Y. N E T • 4 1
U
sually when a
patient
receives a
defective medication
or medical device dur-
ing a procedure, the
facility and provider
are sued for medical
malpractice, while the
manufacturer or ven-
dor typically faces a
harsher product liabili-
ty claim. But a new
ruling out of Connecticut suggests that facilities that charge patients
for various medications, implants and devices could be on the hook
for additional pricey litigation should the product fail.
Contaminated meds
In this case, a patient underwent a spinal procedure at a Connecticut
hospital. During the surgery, the hospital injected the patient with pre-
servative-free betamethasone, which they had purchased from the
New England Compounding Center, the compounding facility at the
center of the 2012 meningitis outbreak that sickened more than 800
individuals and resulted in the deaths of 64. The medication was con-
taminated.
After receiving the tainted injection, the patient suffered from sever-
al unnamed complications. The patient then sued the hospital for both
How to Avoid Product Liability Lawsuits
Your facility may be on the hook for defective drugs and devices.
Medical Malpractice
Alex
Stein, PhD, JD
• TAINTED DRUGS A recent court ruling could mean more costly lawsuits for facilities that give patients faulty
medications or defective medical devices.
