An Automatic External Defibrillator (AED) is a life-saving device that can help protect people from sudden cardiac arrest when used properly.
Today, these devices are more readily available than ever, and that means there is less time for a person in need to get the critical life-saving care they need. Yet, mistakes happen, and sometimes they lead to devastating outcomes that could have been prevented.
Our AED liability lawyer in Houma from Scott Vicknair Injury Lawyers works with victims and families to get justice when a preventable outcome happens because of the negligence of another person, company, or government entity. Set up a free consultation with a Houma personal injury lawyer to learn more. We have been fighting for clients like you since 2015.
When AED Defibrillator Liability Applies
If your loved one loses their life or you suffer serious, life-altering injuries as a result of AED use or non-use, our Houma catastrophic injury lawyer can help the at-fault party face liability claims.
This is a difficult area of the law because you must demonstrate that one of the following factors occurred that contributed to a preventable outcome for you:
- AED was not available when required
- The AED lacked the necessary and required maintenance
- No one tested the AED according to the manufacturer’s guidelines to ensure it was operating properly
- No one had the necessary training in CPR or AED use
- The training program lacked the required licensed physician or advanced practice registered nurse oversight
- No one contacted EMS immediately after using the AED as required under the law
- The device was a defective defibrillator
In these situations, a defective defibrillator lawsuit or liability claim may occur. Our legal team works directly with patients to determine the cause of their outcome and to identify any potential violations.
When AED liability issues lead to serious injuries or death, we are here to help you. Our Houma wrongful death lawyer works with victim families to recover fair damages when their loved one loses their life.
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(504) 500-1111Availability of AEDs Creates Liability
Many locations must maintain access to an AED as well as have trained team members able to use the device, under Louisiana law (RS 40:1137.3). Locations such as the following must do so:
- Health clubs and gyms
- Clinics and medical centers
- High schools and colleges that compete in intramural athletics
- Airports
- Government buildings
- Athletic events and settings
- Dental offices
When an AED machine is present, and someone at the location knows how to use it, the ability to save a person’s life is very much possible. When a location fails to provide these services, and a person loses their life, they could be liable. As a Houma AED liability lawyer, we see catastrophic injuries resulting from these avoidable mistakes.
Understand Louisiana’s Good Samaritan Protection
Louisiana has a Good Samaritan law. This law protects people who try to help others in a medical emergency, including through the use of an AED, from civil liability. That is, if a person acts in good faith to help another person, they cannot face a lawsuit if something goes wrong.
This law does not apply to situations of gross negligence or intentional acts. Talk to Scott Vicknair Injury Lawyers today.
What to Do After an AED Malfunction Causes Losses
In the event that you or your loved one suffered injuries or a fatal outcome because of AED liability issues, there are several steps you can take. The first step is to contact our Houma AED liability attorney. We do not recommend speaking to doctors or insurance companies until you speak to us.
If you suspect that an AED caused the injuries you sustained, or the failure to use such a device led to complications, we encourage you to gather as much information as possible. That includes the location of the incident and any witness statements. Our team will then begin working to uncover your rights in these situations.
We will pursue documentation of AED use, training, and maintenance from the location. We will follow up with doctors and medical experts to determine whether the device was applied negligently or operated ineffectively.
Our extensive research uncovers why the AED machine failed or why the people using it did not provide the care expected. Let us handle the insurance company from that point on to avoid any concerns or aggressive tactics.
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(504) 500-1111Potential Damages Recoverable in an AED Liability Matter
If a defective defibrillator costs your loved one their life or you suspect liability for improper use of an AED by a medical professional, contact our legal team immediately.
Our lawyers will go to work building a strong claim for you, one that documents every party at fault and the losses owed to you under the law. Our team has the experience to seek all losses.
You may receive compensation for complications related to the improper use of the AED, including medical costs and lost wages. We must demonstrate that your injuries and losses occurred due to the AED use or lack of use, specifically, and not related to a health complication.
Our extensive experience works on your behalf to pursue all avenues of potential recovery, including both economic and non-economic losses sustained due to the recklessness of others.
In situations where your loved one lost their life as a result of an AED liability issue, close family members may pursue fair compensation. This may include losses for end-of-life care, funeral and burial costs, loss of companionship, and loss of income for family members. We will aggressively pursue compensation to help you get justice for your family member.
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(504) 500-1111Knowing You Have a Case Means Meeting with an AED Liability Attorney in Houma
Scott Vicknair Injury Lawyers brings decades of experience and compassion to every case we handle. Throughout our careers, our legal team consistently demonstrates professionalism and dedication in securing maximum compensation. Set up a free consultation with an AED liability lawyer in Houma to discuss what happened in your case.
You can expect us to provide transparent insight into your rights. If we do not win your case, you pay us nothing. Schedule a complimentary consultation to receive the guidance you need.