HeartSafe America Inc. Blog

AED Liability, Automated External Defbrillator, Sudden Cardiac Arrest, SCA, CPR

Is there a liability factor owning an AED (Automated External Defibrillator)?

This question tends to be the number one factor in determining if a corporate, fitness, church or any other organization considers purchasing an automated external defibrillator (AED) for their facility.

There are several factors supporting why liability should no longer be the number one deterrent when considering implementing an AED program. With the passing of the CASA act (Cardiac Arrest Survival Act) of 2000, passed by Bill Clinton, immunity measures from liability for the entity and/or person utilizing an AED in good faith have been enacted on a federal level.

The Cardiac Arrest Survival Act (CASA)¹ now requires the U.S. Secretary of the Health and Human Services Department to establish guidelines for placing AEDs in federal buildings. These guidelines must include the proper placement of the AEDs and the appropriate procedures are followed:

• Implement the appropriate training program of the AED device and CPR (Cardiopulmonary Resuscitation)
• Ensure the proper testing and ongoing maintenance of the AED
• Ensuring the proper licensed medical direction and oversight of the program
• Ensure that local EMS (Emergency Medical Services) have been notified of the devices and incidents and uses of the devices

When these guidelines were published, they lead to community based defibrillation programs leading to more unified state AED laws, regulations and training requirements, otherwise known as Good Samaritan laws.

Mr. Richard Lazar, a legal expert on emergency medical services topics and an advisor to the National Center for Early Defibrillation states: "The perceptions and fear of legal liability continue to serve as barriers to large-scale adoption of public access defibrillation (PAD) programs in out-of-hospital settings."

With the help of the medical community’s experience of implementing multiple PAD programs across the US and the advancement in technology, AEDs have become more accessible and easier to purchase without the fear of liability. The trend and fear of not having an AED available at larger, more populated facilities, such as fitness facilities or sporting event venues, is starting to actually turn the other direction.

In the last several years, the liability factor for not having an AED has come up in multiple law suits across the country. Two of the most notable law suits happened in Florida on two separate occasions.

The first of which occurred at the Busch Gardens Theme Park when a 13 year old child died from  Sudden Cardiac Arrest (SCA). The park did NOT have an AED on site and was sued by the family. The Jury awarded a judgment of $500,000.00 in damages to the victim’s family.

A second example of a liability issue for not having an AED on site came to light at the “Q Sports Club” fitness center, in Florida. In this particular case a 42 year old gentleman went into SCA and the facility did not have an AED on sight. They were not able to revive the gentleman and he ended up in a coma with no brain function. This case settled out of court for the sum of 2.25 million dollars.

Cases like these clearly illustrate the liability risks that impact businesses can be greatly reduced by implementing AED programs. Obtaining the proper medical direction, following Good Samaritan laws, and receiving the proper CPR/AED training from an experienced and accredited training center, are all major factors in implementing a successful and compliant program.

¹Lazar R.A. Understanding legal issues: National Center for Early Defibrillation

How to Implement an AED Program; AED, Sudden Cardiac Arrest, AED Program, SCA

An Automated External Defibrillator (AED) Program is key to reducing the number of deaths that occur from Sudden Cardiac Arrest (SCA). Our 7 step process based on the American Heart Association’s recommendations will assist any organization in implementing an AED program.

As a result of the American Heart Association, state legislation and notable deaths such as Tim Russert (Moderator of NBC’s “Meet The Press”), Sudden Cardiac Arrest (SCA) awareness is at an all-time high. Therefore, many churches, schools, and corporations are proactively protecting their members from this deadly disease with Automated External Defibrillators (AED). While buying an AED does not guarantee every victim will be saved, it will substantially increase survival rates from 5% to 65-75%. However, in order to achieve maximum results, a comprehensive program must be implemented. Below is a list of steps to do so:

1. Select a Program Coordinator:
   Accountability is the key to any project. Therefore, a single individual must be selected to implement the program and maintain it after initial deployment is completed.
2. Get Decision Makers Support:
   In any organization, it all starts at the top. Therefore, in order for the program to gain notoriety and thrive financially, support from executive leadership is needed. Since most Decision Makers are subjected to large amounts of stress and long hours, SCA should be a concern for them and gaining support should be easy once the facts are presented.
3. Review State & Federal Laws:
   Laws exist to protect people. Therefore, to implement an effective program, the Coordinator must familiarize himself or herself with the Laws that have been put in place to protect those who purchase AEDs and use them.
4. Obtain Medical Oversight:
   As lay people, we may not understand the full scope of implementing an AED Program. Therefore, employing a Medical Professional to oversee program development, deployment and maintenance will have a profound impact on its success. Think of it as a “Technical Support Plan” for your computer. **In some states, Medical Direction and Oversight is a requirement**
5. AED Selection:
   When selecting an AED, research and compare the features of different devices to find the one that best fits your organizational needs. If possible, work with a multi-line AED Distributor who can help you understand the key differences between the devices and consult on the selection.
6. AED Placement:
   If I had to rank the importance of each step, AED Placement would be at the very top. Since AED and AED Cabinets are not the most attractive pieces of décor, many organizations try to hide them or unknowingly place them in inappropriate spots. However, in order to achieve the American Heart Association’s goal of three minutes from drop to “shock”, AEDs must be placed in high traffic, centrally located areas near other emergency medical equipment. In following this recommendation, the device will be very visible and easily accessible if a Sudden Cardiac Arrest occurs.
7. Training:
   All AEDs on the market today have clear prompts, which guide the responder through the save. However, as the old saying goes: “practice makes perfect”. Therefore, it is highly recommend that your entire organization attend a CPR/AED training course administered by the American Heart Association, American Red Cross or equivalent training organization. If training everyone is cost prohibitive, select an appropriate number of individuals to be designated as an Emergency Response Team and have them trained.

Once these steps have been completed, the real work begins. During the initial deployment, enthusiasm and interest will be extremely high. However, after training is completed and the AEDs are placed in their cabinets, most will forget that they exist. Therefore, the Program Coordinator will be responsible for keeping the program compliant and visible. Below is a list of ongoing AED Program responsibilities:

• Monthly Inspections: Every month, the AED(s) must be inspected to ensure functionality. This inspection consists of checking the status indicator and the pad expiration dates (Adult & Pediatric). If the status indicator is “flashing” and the pads are within the expiration, the device is “Rescue Ready”.
• CPR/AED Training: Depending on the training curriculum which your organization has chosen, training renewals will occur every year or every other year. Therefore, the Program Coordinator must track the renewals and schedule re-certifications.
• Ongoing Awareness: As new members join the organization and old members forget, periodic AED reminders should be published. These reminders should include AED location, list of trained responders and protocol for responding.

Deciding to purchase an AED is a great decision and an excellent benefit for your members and/or employees but this decision cannot be validated without proper deployment. Therefore, it is essential that you follow these steps to ensure that if the time arises, your AED Program is prepared to save a life!

Contact HeartSafe America to find out more about implementing your AED program for your organization. HeartSafe America offers six of the top AED manufacturers. Our goal is to help educate the public about Sudden Cardiac Arrest and how AEDs can help decrease the number of deaths from Sudden Cardiac Arrest.

Drop to Shock Principle; AED, Sudden Cardiac Arrest, SCA

Sudden Cardiac Arrest (SCA) is the leading cause of death in the United States, accounting for over 300,000 lives per year. Therefore, to lessen the odds of another life being lost, it is critical that every business, school, and church equip themselves with an automated external defibrillator (AED).

Early defibrillation is the essential key to surviving a Sudden Cardiac Arrest and the 3^rd link in the American Heart Association’s Chain of Survival. In order to give a victim an optimal chance to live, the American Heart Association recommends defibrillation within the first 3-5 minutes. A victim's chances of surviving SCA decrease by 7-10% with every minute that passes without defibrillation. Therefore, a cardiac arrest victim who does not receive a shock within 8-10 minutes has less than a 20% chance of survival. Unfortunately, few attempts at resuscitation succeed after 10 minutes.

Once an organization has made a proactive decision to protect its members with an Automated External Defibrillator, placement is key to optimizing response times. When determining the location, it is ideal to use a three-minute time frame or the “drop to shock” principle. Once the victim “drops”, the rescuer has ideally no more than three minutes to retrieve the AED, return to the victim, apply the pads and deliver the first shock. This principle will also help determine the number of AEDs needed to sufficiently cover a facility.

An AED should be placed in high traffic, easily accessible area such as a hallway, lobby, or other area where people congregate. When an area has been identified, the AED should be mounted near other emergency medical equipment (First Aid Kit, Fire Alarm).

In addition to determining the correct number of AEDs and placement, there are several other important elements to deploying a successful AED program such as designating a program director, medical oversight, selecting an AED, notifying local EMS and implementing a training program.

Contact HeartSafe America to find out more about sudden cardiac arrest and how your organization can save lives by using the “drop to shock” principle to equip your organization with AEDs. HeartSafe America’s goal is to educate the public about sudden cardiac arrest and how AEDs can save lives.