Ask HRC: Donating Medical Equipment--What Are the Risks

Last year's active hurricane season left many healthcare facilities in need of medical equipment and supplies, no doubt prompting healthcare organizations nationwide to consider donating such items through charitable agencies. But how can healthcare facilities guard against liability should donated equipment malfunction? What if donated equipment or supplies are subsequently recalled?

An HRC member recently contacted us with this concern. HRC recommends addressing this issue by obtaining a signed agreement when donating any equipment that releases the donating facility of liability. The form should state that the recipient accepts donated equipment "as is" and assumes sole responsibility for the safety, operation, and maintenance of the equipment. The form might also indicate that responsibility for...