DEA - The myth of responsibility The February 24 Wall Street Journal published an article by Scott McCartney entitled "Why Hotels Resist Having defibrillators. In short, the position would be taken by the hotel industry is that the risk of being sued after having a defibrillator Automated External (AED / defibrillator) in the local outweigh the benefits of saving the public to put there.
Without doubt the number of civil lawsuits in recent years has been and continues to grow at an unprecedented, even explosive rate. Companies are generally reluctant to take voluntary affirmative action even for the public good, which could subject them to significant costs to defend their good actions, and sometimes to pay damages.
In industry, it has been called "No good deed goes unpunished." This is a quite unfortunate situation where, according to the WSJ article, a hotel must be worried that by spending as much as $ 1,800 for a rescue automated external defibrillator (AED), they risk being prosecuted for having too DEA little on the premises. None is OK, but you may be in hot water.
But as the proven benefits of saving to have quick access to automated external defibrillators have become more widely recognized, legislation mandating their installation have become more frequent. AEDs are now required by federal law on commercial aircraft and cruise ships. A growing number of states require AEDs in health clubs and gyms, dentists, schools, sporting events and public access facilities where large numbers of people gather such as airports and transit stations. The United States Congress and the California legislature passed resolutions calling for the implementation of an AED program in all schools, classrooms from kindergarten to university. A growing number of school districts in California, where AEDs are not yet mandatory, voluntarily installed in schools and public buildings. They are present in most major airports. San Diego's third largest city in California, adopted an ordinance in December 2008 requiring AEDs in the construction of new capacity almost every occupation with loads of 200 or more. This includes hotels, offices, shops, factories, warehouses and schools.
As the number of DEA, and lives saved thanks to their presence increases, the strength of the argument that the absence of an AED in a public gathering place (like a hotel) falls below the standard reasonable care in the community and exposes the owners and / or operators of negligence litigation.
On the other hand, there are positive public and community relations benefits for "doing the right thing" and it is reasonable to expect that someone who places an AED in a housing public access like a hotel to keep him properly, as you would a fire extinguisher or a smoke detector.
Few would argue whether a trained paramedic is preferred to a hotel employee or untrained from the minutes of CPR or activating an AED. But in the case of sudden cardiac arrest, the difference between life and death has been determined in most cases, before the ambulance with paramedics on board arrived. Given that the chances of survival are as high as 70% if a defibrillator is used within 5 minutes of an attack and about 5% by the time 10 minutes pass, the chances weigh heavily in favor of defibrillation immediate, whether given by an untrained or not.
Good Samaritan laws have been on the books to deal with such situations These are laws generally give protection from civil liability for voluntarily giving aid to someone who is injured or sick person in an emergency. They were designed to reduce the reluctance of people to render aid or assistance for fear of being held accountable in a civil or criminal.
Every state has some form of Good Samaritan Law and each September
Posted on February 26, 2010.