Duty of care in cardiac arrest: Your rights and obligations


Questioner

Dear all, I have been involved in implementing Automatic External Defibrillators (AEDs) in the Netherlands for many years. To give you an idea, I have a great deal of real practical experience in the field of emergency care and resuscitation. In the nineties, I was involved as a pioneer in the introduction of the AED in our country. I know better than anyone how important such a device can be and my mission is therefore 'an AED on every street corner'. Before I ask my question, the following: science has not only unequivocally demonstrated where the cardiac arrhythmias that cause circulatory arrest, also known as cardiac arrest, come from and cause them, but above all what we can do about them. Every person, with the exception of small children, who suffers a 'cardiac arrest' has a shockable heart rhythm in the first few minutes that can be corrected well and is capable of saving a human life. This with good results and no residual damage. The condition is that there must be witnesses who can help and of course that an AED is present. If a victim is dependent on the regular emergency services, ambulance, then we know that the response time of this service is demonstrably too long to have a chance of survival. Finally, an AED can be used responsibly by everyone with no risk of wrongdoing, the only thing someone can do wrong is NOT using the AED. My specific question: Does a company, school or institution have a duty of care in this and can it be held liable when a person has a cardiac arrest and there is no AED present. It will happen to you that your husband, wife or child has a cardiac arrest, you know what could have been the lifesaver but that we found an amount of around 1500 euros too much to save this life. In my opinion you are negligent and not fulfilling your duty of care if you do not act in this regard given the proven science and also the ravages of time. I can say much more about this subject and I realize that the question is broader than just this question. I am always prepared to provide information or support in any way to answer this question. Remember that every day between 35 and 45 people die from cardiac arrest OUTSIDE the hospital, they have no chance of survival unless we finally take our social responsibility. It could be your husband, wife, child, father or mother, brother or sister. I hope there is a lawyer willing to take a serious look at this. Thank you in advance. PS: I don't necessarily have to remain anonymous.

Lawyer

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