Liability Shocks Need for Defibrillators
By Robert Warne - May 30, 2002The pros and cons of liability exposure from automated external defibrillators (AED) in the workplace and public facilities have been weighed on both sides. On one side, AEDs can significantly increase the survivability of a person in cardiac arrest. On the other side, if misused, an AED can be source of costly claims.
Businesses may now be more protected than ever from AED liability exposure reported The Hartford Financial Services Group, May 30.
Alan Relyea, The Hartford’s executive technical consultant said, “Liability concerns should not be a barrier to implementing an effective AED program.”
He cited that federal and state ‘Good Samaritan’ statutes now provide immunity from liability for those who render aid to someone in need of medical assistance to support his position. The “without the expectation of compensation and in the absence of willful misconduct or gross negligence,” clause in the statutes has been modified to include use of an AED, according to Relyea.
Sudden cardiac arrest claims the lives of more than 350,000 people in the U.S. each year. Studies have shown that survivability rates can be greatly improved if victims are treated immediately with defibrillation, an electrical pulse that can help the heart resume a more normal, productive rhythm. Time is a critical element though.
“Survival rates drop to less than 2 percent after only 10 minutes, yet with traffic congestion and other factors, it takes the average U.S. emergency services team six to 12 minutes to arrive at the scene of the medical emergency,” said Relyea.
He also said it will soon become a greater liability concern to not have an AED program in the workplace and cited that companies have already been found liable in court for not having an AED on site.
In fact, according to the American Red Cross, there’s never been a lawsuit against a person or company for using a defibrillator.
“As the public’s recognition of the value of accessible AEDs increase, so will the expectation of their availability. If an attorney can establish a reasonable expectation that your business should have provided an AED and you failed to do so, you could face costly legal action,” explained Relyea.
The American Heart Association and the American College of Sports Medicine are urging health clubs to install and train staff in the use of AEDs. This is to address the all too common occurrence of people in poor condition who may over exercise and have a heart attack.
An AED is about the size of a large textbook and costs between $3,000 and $4,500. The device electronically analyzes heart rhythms and lets the operator know whether to deliver an electrical shock to normalize an abnormal, fatal heart rhythm. The units are virtually foolproof. In fact, studies have shown that children can safely use them, according to WebMD. | 
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