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Old defibrillator batteries lead to $3.2 million Chicago death settlement


By Fran Spielman
The Chicago Sun-Times

The Daily '1,2,3' Comes Before ABC

By David Givot

Every EMS provider from Maine to Maui knows that patient care always begins with the ABC's. Airway, Breathing, and Circulation are what we do. If we cannot provide any one of those for someone in need, the rest is meaningless.

While there is no way to know for sure that a working defibrillator would have made a difference in the patient's outcome, I will bet that the providers responsible would gladly pay $3.2 million for a chance to go back and find out for sure. Instead, they will live the rest of their lives wondering "...what if?"

As an attorney committed to the defense of EMS providers, I offer this little nugget so that you never find yourself in those very uncomfortable shoes: Begin each day with "1, 2, 3."  Three things to check and recheck before each shift are:

1. Are ALL of your batteries charged? This includes defibrillator, pulse-oxymetry, laryngoscope, radios, pagers, and anything else that runs on batteries.

2. Are ALL of your drugs checked? This includes expiration dates, dosages, clarity, color, and that all of the drugs you should have are present and accounted for.

3. Are ALL of your Airway Supplies available? This includes the various basic and advanced airways, stylettes, laryngoscopes, capnography, placement devices, BVMs, and everything else to manage an airway.

Of course you must check EVERYTHING in your ambulance, engine, or squad, to make sure you have what you need to do what you do. But the Daily "1, 2, 3" must remain at the top of your priority list because when it comes to them, there are no second chances.

David is a practicing Defense Attorney in Los Angeles and a former paramedic. Read his columns at The Legal Guardian.

CHICAGO — The family of a 49-year-old man who died of a heart attack after a defibrillator on the Chicago Fire engine sent to resuscitate him did not work — because the batteries hadn't been replaced — will receive $3.2 million under a settlement advanced Monday by a City Council committee.

Frederick Partyka, a stationary engineer who worked for the city, was using a snow blower in front of his home in the 2700 block of North New England when he collapsed on Jan. 22, 2005.

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