Many individuals or organizations considering
early defibrillation program implementation have questions regarding federal and/or
state regulations, and whether or not there exist any liability risks. The liability
risks associated with owning or operating an automated external defibrillator (AED)
are generally quite small for lay responders. AEDs when coupled with appropriate
training have been proven to be extremely safe, reliable, and effective at saving
lives that would have otherwise been lost.
Many states now encourage or mandate placement
of AEDs in some locations such as schools and health clubs. Their use has become
so commonplace, that certain types of organizations have been sued for not having
AEDs -- a trend many experts expect to see continue, as organizations increasingly
find that the risk of having AEDs is generally much lower that not having them.
One cornerstone of the legal argument for AEDs
is that they "do no harm". Modern AEDs are very specific for cardiac arrest heart
rhythms, and only permit shocks to be delivered to victims that truly need them.
It is not possible to deliver a shock to someone who is not in cardiac arrest, or
harm a person. A victim in cardiac arrest is in urgent need of a defibrillator and
will otherwise certainly die. It is really not possible to "harm" such a person
or make them worse off. Use of an AED can only help.
Federal and state "Good Samaritan" laws, such
as the Cardiac Arrest Survival Act of 2000 have been established to provide immunity
from certain civil liability actions due to the emergency use of defibrillators.
Most states also have similar legislation.
Some AED manufacturers, such as Philips Medical
Systems, provide an additional level of protection by offering limited indemnity
to users of their AEDs.
Most automated external defibrillators, and some
accessories, are classified by the FDA as prescription devices, and physician authorization
is required for purchase. In addition to this requirement, many states require ongoing
medical (physician) oversight for the operation of a defibrillation program. Having
an individual physician or organization oversee the implementation an operation
of a defibrillation program is always a good idea.
The information above is provided as
general information and should not be considered legal guidance, nor a substitute
for the advice of a qualified attorney.
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