Number of Occurrences addressed in Surgical Tools Snafu

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If you are going into surgery, you probably have some concerns, but you may not have thought to worry about whether the surgical instruments had been washed in elevator hydraulic fluid rather than proper surgical detergents and lubricants.

An interesting case from the U.S. Court of Appeals for the 4th Circuit, Mitsui Sumitomo Insurance Company of America v. Duke University Health System, Inc. and Automatic Elevator Company, Inc. (UP 11-2057, 2/11/2013) recently dealt with this out of the ordinary issue in the insurance context.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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