High rates of cardiac arrest continue to plague the state of New Jersey. With over 18,000 deaths recorded annually due to heart disease according to New Jersey’s Public Health Data Resource, those who suffer a heart attack are at serious risk of long-term damage or even death.
Without the immediate intervention of CPR and the electrical shock of an AED, chances of survival for a heart attack reduce by the minute. Unfortunately, in medical offices all around New Jersey, the potential for civil liability rises when a functioning automated external defibrillator (AED) fails to perform up to par with New Jersey state regulations.
Losing a loved one due to an AED malfunction may result in grounds for a potential claim. Sorting through your legal options with the assistance of a heart attacks in New Jersey medical offices lawyer may provide you with direction on how to proceed with a case. Call one of our dedicated attorneys today and set up a consultation.
Common Defibrillator Defects
AEDs are not immune to defects or errors. Moreover, it is not simply the battery lacking adequate power that may cause this critical piece of equipment to malfunction. Rather, the unit itself may experience a variety of issues during the manufacturing stage or even due to neglect after installation.
Some common issues may include:
- Low defibrillation energy delivery
- Unexpected device shutdown
- Inadequate filtering of electromagnetic noise
- False readings
- Blown fuses
- Discontinuous speaker connection
- Faulty batteries
Understanding the breach and variety of current New Jersey laws surrounding AEDs may make a huge difference in determining potential liability. According to 42 U.S. Code §238q, negligent parties may be held liable for harm caused directly by gross negligence, indifference to the safety of the individual harmed, or reckless misconduct when using an AED.
Importance of Functioning AEDs
In order to increase AED awareness, New Jersey has implemented a variety of laws and regulations targeted at boosting the rates of AED use in public settings and spaces. Despite the fact that AEDs are being placed in various public places, including private and public schools as defined by Janet’s Law, a defibrillator is only effective when properly maintained and utilized correctly.
When an AED does not work well or does not meet the legal requirements, the unit must undergo maintenance to ensure it performs as intended. However, in medical offices, medical staff may neglect the unit or fail to run diagnostics, therefore causing harm to an individual that suffers a heart attack within the office.
An AED device must work every time with no exceptions, since the inability to obtain treatment because of a defective device may lead to serious injuries or death. A patient who is harmed by a malfunctioning device may be entitled to compensation, depending on his or her case.
Liability risks faced by entities that keep AED units on their premises remain cloudy, which is why it is important for victims impacted by AED use to familiarize themselves with the applicable New Jersey regulations regarding AEDs. You could familiarize yourself with the regulations of AEDs by speaking with a knowledgeable heart attacks in New Jersey medical offices lawyer.
Effective Consultation With an Attorney Experienced with Heart Attacks in New Jersey Medical Offices
The laws related to AED use can be confusing, especially if you or your family are still recovering from the consequences of a myocardial infarction. As this is an extremely complex landscape to navigate, victims of potentially preventable cardiac death may seek answers but become lost in the process.
Fortunately, a heart attacks in New Jersey medical offices lawyer could help you make informed decisions about your legal rights and determine your eligibility for civil compensation. To start exploring your options, call us today to schedule an initial consultation.