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Know Your Legal Liability
Laws at both the state and federal level stipulate who can use AEDs and the conditions under which they should be used. Before establishing your community defibrillation program, consult your state EMS agency to help ensure that you abide by these laws and regulations. You could also seek professional legal assistance to set up your program.

Do not let the fear of legal liability prevent your community from establishing a defibrillation program. Remember that most AEDs are easy to use correctly. And since a victim of cardiac arrest will almost surely die without timely defibrillation, the benefits of an effective defibrillation program must certainly outweigh its risks.

Here are some ways to reduce liability even further:

  • Carefully plan and establish your defibrillation program, after consulting your state's EMS laws and regulations.
  • Ensure that the training program you select conforms to your state EMS laws and regulations.
  • Consult your state EMS laws and regulations to identify who should be trained.
  • Determine where to place AED units (e.g., municipal buildings, meeting halls), and place the units prominently for quick access.
  • Designate authorized personnel to reach any AED placed in a locked or high-security location.
  • In addition to cost, consider an AED's ease-of-use and its performance data.
  • Designate individuals to maintain the AED units in accordance with the manufacturer's instructions.
  • Consider buying liability insurance through an insurance company or the AED manufacturer. Since these policies can vary widely, compare several plans.
  • Every state now has some sort of "Good Samaritan" coverage that helps safeguard people who voluntarily use a defibrillator to try and save a life. The Cardiac Arrest Survival Act, passed in late 2000, offers additional federal protection as well. Many AED manufacturers also provide indemnification for the users of their AEDs.
     

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