UF researchers suspect lawsuit fear may hinder use of lifesaving devices

April 18, 2001

GAINESVILLE, Fla. — The layman’s version of the heart defibrillator, designed for placement in airports and other public places, could save thousands of lives each year, but University of Florida researchers suspect fear of litigation may be hindering their widespread use.

“We suspect that there is some reluctance among facility managers and owners because of the fear of lawsuits,” said J.O. Spengler, an assistant professor in the department of recreation, parks and tourism and lead author of a new study on the issue.

The top five places where people suffer cardiac arrests – airports, jails, stadiums, golf courses and shopping malls, according to the American Heart Association – are the prime candidates for the installation of automated external defibrillators, or AEDs, said Daniel Connaughton, an assistant professor in UF’s department of exercise and sport sciences and the co-author of the study.

In situations where emergency medical services are more than a few minutes away, AEDs can mean the difference between life and death.

“If you’re treated within the first five minutes after suffering cardiac arrest, your chance of survival is 50 percent higher, according to the American Heart Association,” Connaughton said. “With each passing minute, it decreases by 7 to 10 percent. With an AED, you don’t lose precious time waiting for emergency medical services to arrive.”

AEDs, which the American Heart Association says can save the lives of 100,000 cardiac arrest victims each year, aren’t yet in widespread use, but they are the wave of the future in many types of cardiac arrest treatment, Connaughton said.

“These are like the ones you see on TV in emergency rooms, but they’re much simpler,” he said. “They’re about the size of a laptop computer and can be used by any layperson who has gone through a four-hour training course. Unlike more traditional heart defibrillators, the machine actually prompts the user as to what to do.

“Without the automated ones, it took judgment on the part of the EMS provider on the scene,” Connaughton said. “Now, you don’t have to analyze EKG readings. The machine does it all for you and tells you how to respond accordingly.”

They’re also relatively low in cost – between $2,500 and $3,500 for a machine, which should be affordable for most organizations, Connaughton said.

But in an article to be published this month in the Journal of Legal Aspects of Sport, Connaughton and Spengler found that while 48 states include some legal immunity provisions for people who use AEDs, few provide coverage for all those who could be liable when an AED is used. For example, only 22 states provide immunity for those who train AED users, leaving the possibility that in 28 states, an AED trainer could be more prone to lawsuits if someone dies after receiving assistance from an AED.

In addition, only 22 states provide immunity for the organization in charge of the site – such as a shopping mall or a golf course – where an AED is used, which may discourage business owners from investing in the lifesaving device.

“This really highlights the need for more coverage for immunity under state laws,” Spengler said. “It’s still a new area to many people and an important one for state legislatures to continue to address. With the importance of AEDs as a lifesaving device, state laws should provide the most complete coverage possible for those who use AEDs or are otherwise responsible for their use.”