Defibrillator is an electrical device that is used to give shock waves to the body of a person whose heartbeat is not showing a normal pattern. In many cases in medical practices we daily come up with numerous cases in which patients are near to their deaths and heartbeats show an irregular pattern. Either these heartbeats show a pattern of abrupt heartbeat or a very slow heartbeat. In both the cases, application of small electric waves through defibrillator can give life to such a person, and his heartbeat can be brought to its normal pattern. However, some negligence from the medical staff’s point of view may cause a defibrillator lawsuit that can claim various reasons.
In the normal routine, a human heart shows a regular pattern of its beating. Some time, due to heart attack or an angina pain, heartbeat gets an irregular pattern showing some weak points. If these weak points are not identified timely and waves from the defibrillator are not given to the body, it can result in death of a person. On the other hand, a timely application of controlled shock waves can get the heartbeat of a person into working condition that was going almost near to death. A defibrillator is a kind of divine force for a person who is suffering from a severe cardiac arrest.
From its construction point of view, a defibrillator simply consists of a battery or any electrical source that can be controlled thorough various options of voltages, and two paddles or electrodes that have their respective charge on them. A doctor or nurse simply places the paddles on chest part of a patient and current passes through the body of patient trying to revoke its heartbeat. Current that is passed from the patient’s body causes the heart muscles to get a stimulus from the shock and start beating once again or if they are beating abruptly then it causes them to get to their normal pattern. It never restarts the heart all the time instead it makes a heart get some energy and start pumping. If a heart has lost all of its energy, then defibrillator can do nothing for such patients.
In current situations, defibrillator has been used extensively in many countries even different airlines take an Automated External Defibrillator (AED) with it in the plane so as to meet any emergency’s situation. People with very weak hearts can get a defibrillator of their own and can use it easily. However, it is always recommended having an expert’s opinion before applying these shock waves. As many defibrillator lawsuits have been noticed that claim compensation for a faulty defibrillator. Some of the defibrillator lawsuits claim the doctors’ negligence in training the patient with the use or demand of a defibrillator in the home, but still manufacturers are focusing on giving the best quality defibrillators in order to provide the doctors and patients with the reliable device and also they are training the doctors and the general public with the usage and situations when it can be used.
A wrongful death lawsuit is a claim against a person that caused the wrongful death of another. It is a claim against a person that can be held liable for the death of a different individual. It is essential to note that the wrongful death lawsuit is a civil suit, which is brought by a person who is closely related to the decedent. A dead person cannot bring a suit for his death, and if it weren’t for a wrongful death claim, people would not be able to get justice for their deaths.
The standard of proof in wrongful death lawsuit is on the preponderance of the evidence. It should, therefore, be noted that, for a person to sue, they have to present evidence that shows that the defendant was indeed responsible for the said death. It is enormously essential to note that in case a corporation causes the death of an individual, it cannot be sued in criminal court. However, a wrongful death claim can be brought against it. It is, therefore, only through this claim that a company can be held answerable for the death of a person.
It should be noted that suits for wrongful death are statutory and can only be brought under the law. In other words, you do not sue as of right, but you are given the right to sue under the law. This is why, only a few people are allowed to bring such claims, because they have been given the authority by statute. It is particularly essential to recognize that there are various statutes that govern this tort, and they all vary according to State. Though the statutes vary in different States, the message is essentially the same.
All the statutes provide that only the next of kin, orphans and surviving spouses are allowed to bring wrongful death claims. This is because; it is believed that these persons are not looking to gain anything financial, but they are looking to get justice for the death of their loved one.
Equally essential to note is that there are certain persons that are protected or immune to wrongful death lawsuits. The first example of such persons is the state. The state is immune to all wrongful death actions, and it cannot, therefore, be sued. However, a suit can be brought against the State if it has waived its immunity. Under such circumstances, the state can be held liable for instigating the wrongful death of a person.
Other people that are immune from the actions are family members. In certain states, the statute provides that wrongful death lawsuit cannot be brought against family members. This is believed to have been enacted as an attempt to preserve family union and harmony.
It was believed that if the claims could be made against family members, there would be a lot of insurance fraud and families would also be destroyed. However, it must be noted that this is not valid in some states, since it was believed to bar legitimate claims by the children of the decedent.