Legal Question in Personal Injury in Florida
liability for using an automatic defibulator
What is the liability if someone uses an A.E.D. on a person who ultimately dies as a result of a heart attack.and they are an employee of the establishment in the state of florida. Such as the VFW or American legion posts
1 Answer from Attorneys
Re: liability for using an automatic defibulator
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Without doing extensive research on this topic, I believe it would be covered under the Good Samaritan Act in Florida which exempts a person who renders emergency aid from any civil liability pursuant to Florida Statute 768.13.
The act states (in part): (2)(a) Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a
public health emergency declared pursuant to s. 381.00315, a state of
emergency which has been declared pursuant to s. 252.36 or at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in
providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.
Scott R. Jay, Esq.