AED Failures in Maryland
The immediate and effective use of an Automated External Defibrillator (AED) in response to cardiac arrest can boost the individual’s chances of surviving this deadly and often unpredictable medical problem. Unfortunately, not every facility in Maryland that is legally required to maintain an AED on their property is in full compliance with associated regulations. This sometimes leads to AEDs not functioning as they should, even when used correctly.
AED failures in Maryland cause far too many preventable deaths each year, and anyone who loses a loved one under circumstances like this may have grounds for civil litigation. When a malfunction or misapplication of an AED causes your family harm, a conversation with a heart attack malpractice attorney could be a key first step toward effectively enforcing your rights and protecting your long-term interests.
Failure to Maintain an AED Properly
AEDs should not simply be left alone in an accessible place until they are suddenly needed to prevent serious injury or death. Consistent maintenance—including replacement of degrading batteries and pads, as well as regular testing—is essential to ensuring that an AED will function correctly when needed.
Many AED failures in Maryland stem from issues with individual components of the device, most notably the batteries, pads, and cables connecting them. When a malfunction occurs because the facility where it was located did not properly maintain it, that facility’s owners or administrators could be civilly liable for all ensuing injuries and losses.
Manufacturing Defects in AEDs
Almost as common as Maryland AED malfunctions caused by subpar maintenance are malfunctions stemming from negligence by the device’s manufacturer. If an AED leaves its manufacturer’s direct control with a defect in its design or assembly that makes it not function correctly in an emergency, liability for ensuing damages could fall on the manufacturer or seller rather than the facility that installed the device or the individual who used it.
In addition to software errors, incorrect assembly, and individually flawed components, AED manufacturers can also be liable for failing to inform users how to operate the device correctly. If an AED does not come with clear instructions, someone might use it incorrectly, resulting in the death of a person who might otherwise have been saved.
Can AED Operator Errors Justify Litigation?
In many situations, bystanders who attempt to save the life of someone experiencing cardiac arrest by using an AED are protected by “Good Samaritan” rules in the event their efforts do not have a positive outcome. These laws are meant to incentivize people to provide assistance in emergencies without worrying that a single error made in good faith could open them up to civil liability.
That said, recent changes in Maryland law have left many EMS-Board-registered facilities out of compliance with AED laws, potentially meaning that “Good Samaritan” protections might not apply in specific situations. A qualified legal professional could explain how liability works in scenarios like this during a private initial meeting.
Let a Maryland Attorney Help You Recover for Your Losses After an AED Failure
Any time an AED is not used correctly or does not function properly, it puts someone else’s life in danger. Accordingly, any facility or organization whose negligence leads to an AED failing when used could be held accountable through civil litigation for the repercussions of their misconduct.
An experienced attorney could provide irreplaceable assistance from beginning to end of a civil claim based on an AED failure in Maryland. Schedule your initial consultation today.
