• Early Defibrillation
• Video Overview
• How It Works
• Equipment
• Management
• History
• Expenses/Funding
• Liability
• Policies
• Medical Dispatch
• Dispatch Protocols
• Medical Direction
• Medical Orders
• Survival Statistics
• Survivors
• Survivor Support
• Survivor Map
• Secrets of Success
• Training
• Officers' Concerns
• AED Locations
• We Dare You!
• Community & Dept. Demographics
• Contact Us

Contact Information

101 4th Street SE
Rochester, Mn 55904 (Map)

Phone: 507-328-6800
Fax: 507-328-6975

Mon-Fri 8:00 am to 5:00 pm

Department Contacts

Rochester Police

• Police Home

Early Defibrillation

• Printable Version

Liability Issues

Liability is largely a myth.  Generally speaking, the City of Rochester is not concerned about legal liability associated with the use of AEDs. There are a number of reasons for this:

1. First responders who act in good faith are immunized from liability by the Minnesota Good Samaritan Law (MN Statute 604A.01).
2. These AEDs can do no harm. They are extremely reliable. They will not deliver a shock unless the patient needs it. 
3. The victim of a cardiac arrest already has one foot in the grave. Unless early defibrillation is applied, the patient will most likely die. The use of a defibrillator greatly enhances the likelihood that a cardiac arrest victim will survive. A greater liability might exist if rescuers did not attempt defibrillation.
4. Any police officer, fire fighter or other medical responder would certainly perform CPR upon a cardiac arrest victim in any event. The use of a defibrillator enhances the effectiveness of the rescue effort and in fact significantly reduces (but does not eliminate) the need for CPR. CPR is not a gentle procedure and there can be incidental injuries associated with it.
5. There have been no successfully litigated cases in the United States for the improper use of an AED or because the use of an AED failed to save someone's life. There have been numerous successful actions involving failure to have this equipment.
6. In order to have liability there must be some harm done.  Increasing a person's odds of survival does not seem "harmful."
7. We have treated hundreds of patients and we have been quite successful.  But in spite of our success, we still lose the about half of the sudden cardiac arrest victims we try to resuscitate.  There has never been even the hint that a claim might be made against us.

There may be some liability attached if rescuers went into the field with equipment that had not been tested or was not properly supplied. There could also be issues if an agency does not follow its own rules. Effective enforcement of policies requiring appropriate inspections of the AEDs and related issues will prevent these problems.

It is likely in the future, that a greater exposure to liability will exist for those emergency responders who do not have AEDs. While these devices may be perceived as relatively new, they have actually been available for this type of use since 1990. They are becoming more and more commonplace. Eventually, treatment of cardiac arrests by first responders equipped with AEDs will become the rule rather than the exception. When this happens, responders who do not have AEDs and cannot deliver what would be considered "a reasonable standard of care" may be at risk of liability.

For additional information regarding liability issues, we recommend that you visit AED Risk Insights at http://www.aedriskinsights.com