What Happens if an AED was Present But not Used in Time?

In Louisiana, the state’s laws make it clear that some public locations and businesses must have an automated external defibrillator (AED) onsite and a team trained to use it. 

What happens if an AED was present but not used in time? In these situations, it may be possible to prove that a person‘s complications may be the fault of that business, but limitations to this exist, and a New Orleans personal injury lawyer can be of assistance.

Recognizing the AED Laws in Louisiana

Louisiana is one of just a handful of states that requires certain businesses and public locations to maintain an AED on the grounds in an effort to try and save the life of someone experiencing a medical emergency – even if that person‘s medical emergency had nothing to do with the business‘s actions or inactions. 

Many businesses have these devices, but they also need to have a team trained to use them, or they could be held liable for the losses incurred.

Understanding Louisiana laws for AEDs can be complicated in this area, but some of those requirements include that any person or business that has possession of such a device must:

• Maintain the AED and ensure it is properly tested according to the guidelines set by the manufacturer 
• A licensed physician or advanced practice registered nurse who can prescribe is involved in the possessor’s program, which aims to ensure compliance with training requirements, emergency medical service notifications, and maintenance tasks 
• Ensure that private security patrol vehicles or work site users where such a device is located must have proper training in CPR and in the use of an AED 

Additionally, the law requires that the location provide specifically named parties capable of providing emergency care, and if and when the device is used, emergency medical services systems are activated as soon as possible.

In situations where the device is there, and all strategies are in place for someone to use it, the device should likely be used. Yet, it is also necessary to understand the implications of what happens when this does not occur, so be sure to review our case results to see how we have helped others just like you.

Note the Good Samaritan Law

Under the state’s laws, no person who acts in good faith to render emergency care, including through the use of an AED, cannot be liable for civil damages suffered by the individual. 

This does not apply in situations where the person acts intentionally, is grossly negligent, or omits causes of damages to other parties. In short, if a person suffers injuries or further losses because of the use of an AED and the AED was used in the appropriate situation, that person is not held responsible for said losses.

Understanding the Limitations in Your Case

In situations where you believe a person did not use an AED when they should have done so, it is critical to speak to an attorney to learn more about what your rights are.

These are very complicated areas of personal injury law where the details of what occurred can play a role. Our legal team can help you determine if negligence occurred.

If a person purposely did not use an AED, though they knew they could and had training, and the person suffered losses as a result, that party could be deemed responsible for the losses incurred.

The burden of proving this is on the victim or the victim’s family, which means it can be challenging to prove. With the help of our attorneys, we can investigate what occurred and determine fault and negligence as applicable.

In most situations, a person is not held responsible for losses if they did everything they could to help a person but did not act properly or did not act soon enough.

Because this, too, can be challenging to prove, we strongly encourage victims to seek help from our legal team to investigate the details of their case. We can determine if someone else was responsible for the losses you incurred when wondering what happens if an AED was present but not used in time.

Let Our Attorneys Investigate the Death of Your Loved One

In many of these situations, the outcome is the loss of life, and there is no simple way for families to know what to do in these situations. When you reach out to our attorneys, we will begin to investigate the details to determine if negligence occurred and, if so, who is responsible. There are various factors we consider in these situations, including:

• What circumstances led to the incident, and who is responsible for those losses 
• Whether or not there was an AED present, calibrated, and maintained properly as required under the law
• What took the party so long to administer care, including what limitations may have been present due to mistakes by the business or provider in ensuring the device was available
• If administering the use of an AED would have made a difference, often reliant on medical expert opinion
• Demonstrating the losses incurred were directly the result of the lack of efficient and effective care, often due to lack of training or support

Our attorneys know that there is no way to predict what could have happened, but we can use medical records, cases like your own, and medical expert testimony to build a strong claim against those who failed to act. 

Set up a consultation with us so we can hear about what occurred and provide you with transparent insight into what your legal rights may be. Be sure to watch our video testimonials from satisfied clients.

You may be able to recover damages owed to you or your lost loved one if we can show they did not act in good faith when determining what happens if an AED was present but not used in time.

Turn to Our Legal Team for a Free Consultation

At Scott Vicknair Injury Lawyers, we are passionate about providing our clients with exceptional legal support, even in challenging cases like this. 

If someone did not act as they should have in administering AED care, which led to the injuries suffered, we strongly encourage you to seek support from our legal team. Call us now to discuss what happened and why you believe someone failed you.