In the Federal Register of May 4, 2005, OSHA asked the public to comment on “the usefulness and effectiveness of automatic external defibrillators (AEDs) in professional settings.” Based on the cost of AED equipment, the training and associated program management requirements, and the potential value of lives saved, OSHA believes that using such equipment in facilities is cost-effective from a societal perspective. For persons other than emergency medical service providers, the following section of the General Statement on Negligence describes the types of relationships that may result in a duty for emergency medical assistance (see Figure 1). 12 This legal declaration is adopted by many courts and could become more important with the further development of the concept of defibrillation of public access. To the extent that training is necessary — an issue debated in legal and policy circles — the CDRH paper suggests that educational standards be regulated by state and local laws rather than federal laws. The case for AEDs is clear. What may not be so clear are the legal issues surrounding AEDs. In the case of AEDs, state and federal laws are starting to catch up with recent medical developments. It often seems that AED laws are more complex than equipment. ™Let`s look at some of the key legal issues employers need to be aware of. On the other hand, some states limit the scope of classes of users allowed to use AEDs. For example, a decreasing number of states only allow emergency medical professionals (e.g., paramedics and first responders) to use AEDs. In these states, other classes of users may not explicitly use the devices.
Whether the lack of explicit government approval prohibits the use of AEDs by other categories of users is a matter of open law. If, like most people, you`re considering implementing an AED program, you probably have questions about the laws and regulations that affect early defibrillation programs and whether or not there are liability risks. Let`s take a look at federal and state laws and the regulatory framework in which early defibrillation programs are conducted, and examine the nature and limited scope of liability risk for negligence associated with community-based early defibrillation programs.1 For a victim of sudden cardiac arrest (or a loved one) to successfully sue an AED purchaser or user for negligence, four essential legal elements must be demonstrated. This includes obligations, breaches of obligations, causes of damage and legally recognized damages. A claim for negligence cannot succeed if any of these elements are missing. Since an AED claim will most likely focus on the elements of customs and causation, these elements will be discussed in detail. The following sections provide an overview of negligence liability issues applied to the concept of early defibrillation. With this general information, individuals, agencies, and businesses considering purchasing and using AEDs should be assured that any actual threat of legal liability is both minor and manageable.
It is clear that the benefits associated with widespread early defibrillation far outweigh the liability risks. Given that both were dismissed on technical grounds, neither the United nor Northwest Airlines cases offer much clue as to how future appellate courts might deal with issues related to the defibrillation of public access. Appellate courts, which consider notions of suitability in other medical contexts, have generally resisted in the past requiring ordinary freight forwarders, restaurateurs and commercial enterprises faced with ill or injured guests to do more than call an ambulance. However, two recent court decisions indicate a trend towards higher standards that require the protection of customers` health and safety in certain business contexts. Finally, determine which state laws apply to AEDs and comply with them. Advocate for the availability of AEDs in your workplace and in the public where you operate. After all, it may be your life that depends on it. However, the courts recognize that the existence of certain relationships between a victim and a person capable of providing assistance may give rise to an obligation to assist.
In general, ambulance service providers such as paramedics and paramedics are required by law to respond to and treat victims of medical emergencies. The specific responsibilities imposed on these actors vary from state to state and are influenced by court proceedings, laws and regulations. Future lawsuits are likely to provide insight into the company`s current view on relevance when companies are faced with sick or injured customers. Modern advances in AED technology, coupled with the low cost and proven life-saving ability of these devices, can convince courts and appellate courts to sanction companies that fail to implement AED programs. While the likelihood of some form of AED claims remains extremely low, it appears that ordinary freight forwarders, restaurateurs, and commercial enterprises that implement AED programs are less at risk of legal liability than those that do not.