Of sales, services, and warranties: is the prosthodontist a purveyor of goods under the Uniform Commercial Code?
The Uniform Commercial Code (UCC) governs various commercial transactions. Article Two of the Code deals with sales of goods and, historically, has not applied to the provision of goods incident to rendering professional services. Recently, some courts have held professionals liable for economic or personal injuries caused by faulty medical devices and prostheses. Liability, when found, has been based on one or more of the UCC Article Two warranties. This article discusses these warranties and those cases in which hospitals and doctors have been held liable under them. While the number of such cases is small, there are arguments that suggest that liability under these circumstances could increase in the future. An understanding of the Article Two warranties and how they have been used in lawsuits against health professionals should help minimize the chances of successful litigation against dentists.
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D003752:Dental Health Services / Q000600:supply & distribution*; D003778:Dentures; D006801:Humans; D011476:Prosthodontics / Q000331:legislation & jurisprudence*