169682 Legal implications of automated external defibrillators

Tuesday, October 28, 2008: 1:30 PM

Andrew R. Roszak, JD/MPA/EMT-P , Law and Medicine Society, Southern Illinois University - School of Law, Carbondale, IL
  
An automated external defibrillator (AED) is a portable device used to restore normal heart rhythm to patients in cardiac arrest. Studies have proven that the faster an AED is used, the better are the victim's chances of survival. Legislation, at both the state and federal levels, has been enacted mandating AED placement in a variety of settings. These mandates, coupled with the small body of relevant case law, raise a variety of legal questions. Specifically, the liability faced by entities that provide AEDs remains unclear.

Objectives:

1. Determine policies and procedures that limit the liability faced by an entity with an AED.

2. Analyze existing lawsuits involving AEDs to determine the current state of the law as it relates to AEDs.

3. Identify the duties that arise when entities make AEDs available for public use.

4. Discuss maintenance concerns relating to AEDs.

5. Identify and analyze statutory protections afforded to defendants of AED lawsuits.

Learning Objectives:
Identify the current state of law as it exists to automated external defibrillators. Analyze existing case law and legislation regarding the placement of automated external defibrillators. Identify locations where automated external defibrillators may be present. Analyze the legal liability that attaches to owning an automated external defibrillator. Discuss liability concerns relating to the use and non-use of automated external defibrillators during emergencies. Identify policies and procedures that limit the liability exposure of entities with automated external defibrillators.

Keywords: Emergency, Law

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: Paramedic for 8 years, former American Heart Association Instructor-Trainer for CPR/AED Programs. I was the sole person that performed the legal researched was conducted on this topic, and certify that the work is entirely of my own efforts and accord.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.

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