Liability can vary if paramedics try to use a defibrillator to help you (or a loved one) and it doesn’t work. For example, if the defibrillator failed to work because the paramedics improperly maintained the device, they may hold fault for the results of this failure.
However, in this situation, their employer typically holds liability. On the other hand, paramedics may avoid any responsibility if the defibrillator fails because of a manufacturing defect. A New Orleans AED liability lawyer can provide information about liability for your specific situation.
Liability if a Paramedic’s Defibrillator doesn’t Work
Automated external defibrillator (AED) liability represents a complicated subject. Several different parties could hold liability for AED failures. A lawyer can investigate your unique circumstances to determine who is responsible for any injuries or losses you sustain.
Depending on your situation, liability may fall on:
The Defibrillator Manufacturer
A manufacturer may hold liability if a paramedic tries to use a defibrillator and fails due to the following:
- Flaws in the defibrillator design
- Issues with manufacturing
- Inadequate warnings
Manufacturers may be responsible if the issue comes from faulty electrode pads, problems with the battery, software issues, or the defibrillators’ electrical components. A lawyer will need to investigate to determine if you have a case against the manufacturer.
The Defibrillator Distributor
Distributors have a legal responsibility to keep defibrillators in proper condition when transporting these devices. You may have a claim against the distributor if a defibrillator fails to work for a paramedic because the distributor failed to properly test or maintain the device.
The EMS Agency Employing the Paramedic
Finally, the agency that employs the paramedic may hold liability if a defibrillator does not work during an emergency situation. These agencies have a responsibility to properly train everyone who handles defibrillators and to keep the devices in good working order.
You may build a claim against the agency if a lawyer shows that the agency:
- Failed to properly maintain the defibrillator
- Improperly stored the defibrillator
- Failed to properly inspect the device
The paramedics may hold a degree of responsibility if they had instructions to charge or maintain a defibrillator and failed to follow these directions. However, overall fault falls on the agency in these situations.
So, are paramedics liable if their defibrillator doesn’t work? The answer depends on the facts of your case, so it’s essential to contact a lawyer immediately for help.
How do Lawyers Determine Liability for Defibrillator Failures?
Attorneys have to investigate the facts around a defibrillator‘s failure to find the liable party. A lawyer may look into everything that happened before AED usage to determine if paramedics are liable if their defibrillator doesn’t work.
Your lawyer will know what evidence is needed in a defibrillator lawsuit. Depending on your circumstances, an attorney may need to:
- Speak with everyone who saw the paramedics care for you
- Review details from the defibrillator manufacturer
- Go over maintenance records for the device
- Physically check the device
Sometimes, paramedics or other crew members may try to inspect or even repair a faulty defibrillator after it doesn’t work. They may end up destroying evidence when they do this.
Getting in touch with a lawyer immediately may prevent the loss of evidence necessary to your claim.
Will You Get Compensation if a Defibrillator doesn’t Work?
You and your family may qualify for compensation if a paramedic’s defibrillator fails to work. Regardless of who holds liability for the equipment failure, you may qualify for money to cover your:
- Current and future medical expenses
- Pain and emotional suffering
- Lost pay and diminished earning potential
If you lose a family member because a paramedic’s defibrillator fails to work, you may work with an attorney to file a wrongful death claim. These claims can provide your family with the damages you need to cover:
- A loved one’s medical expenses
- Burial and funeral costs
- The value of your loved one’s household services
- Lost benefits and earnings
Additionally, an attorney may push to bring your family damages for your non-economic losses, including the grief and anguish you experience.
What Should You Do if a Paramedic’s Defibrillator doesn’t Work?
If you discover that your condition worsened – or that you lost a loved one – because a paramedic’s defibrillator failed to work, you should contact a lawyer immediately for legal help.
You should also get all the medical care that you require and write down everything that you remember about what happened. A lawyer can provide more information about your next steps.
Talk to Us About Liability if a Defibrillator doesn’t Work
Are paramedics liable if their defibrillator doesn’t work? Generally, other parties hold responsibility for faulty defibrillators. For example, a lawyer may file a claim against the defibrillator manufacturer or distributor.
Our team at Scott Vicknair Law can review your situation and identify all potentially liable parties. We’re here to help when you call or complete our online contact form.
