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[Does public access to defibrillators have a chance in Germany?--On the US model, legal considerations and
Purpose:
The introduction of public access to defibrillation via automated external defibrillators makes it possible to reduce the incidence of sudden cardiac arrest cases. Since they may expect civil and criminal liability after negligence causing damage, many German potential First Responders might hesitate to use an AED.
Methods:
After we demonstrate the medical reasons and compare the legal situation of Public Access Defibrillation between the USA and Germany we analyse a possible hesitation of German First Responders.
Results:
More than 30 states of the USA provide immunity from civil liability after a public access defibrillation followed by damage due to negligence. However, only an AED-trained US-First Responder is granted immunity from civil liability. In Germany there is no immunity from civil and criminal liability in case of public access defibrillation with damage caused by negligence.
Conclusion:
German law will not decrease any possible hesitation by First Responders. For a successful system of public access defibrillation, revision of the legal situation is mandatory.