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


Asked on 7/11/07, 11:06 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: liability for using an automatic defibulator

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 7/11/07, 6:48 pm


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