Law column: Can an employer be sued for performing CPR?

Employers, can you be sued if you or an employee performs CPR on a customer or co-worker? Frankly, the truth is that a business can be sued for anything, at any time.

The real issue is whether the lawsuit will be successful, and whether your business can withstand the publicity.

Domino's Pizza, for example, recently received great publicity when one of its pizza deliverers performed lifesaving CPR while on a delivery. On the flip side, a California nursing home received negative publicity when a staffer refused to perform CPR on a resident who had stopped breathing, apparently because the facility had a policy against its employees providing medical care. The woman died before emergency response could arrive.

In this type of situation, what is the best policy for an employer?

There is no duty under Iowa law for your employees to stop and administer emergency help. (This is different in some states, such as Vermont, which requires bystanders to give reasonable assistance or be fined.)

Therefore, a business lawfully could fire an employee who leaves his or her job to help somebody out.

On the other hand, Iowa also has a good Samaritan law, which limits civil liability if that person acts reasonably and in good faith while administering CPR or even while administering an automated external defibrillator. The law specifically protects a person involved in a workplace rescue arising out of an emergency or accident, and the employer of the person administering the aid.

A federal law similarly also grants immunity to employers and employees as long as the defibrillator is properly maintained and employees have appropriate training. Under both statutes, the employer and employee can lose the exemption if they act recklessly or willfully.

What constitutes recklessness while trying to save someone's life? It is likely on a case-by-case basis.

For example, a bystander may not want to perform a tracheotomy to save a choking victim. And in 2009, the California Supreme Court ruled that a woman who tried to pull a motorist from a wrecked car was not covered under the state's good Samaritan law - the woman was accused of yanking the motorist like a 'rag doll,” worsening the motorist's injuries.

Most lawyers and insurance companies likely would tell you, however, that if liability is at issue, there is likely to be greater liability if someone dies. Of course, if someone has a do-not-resuscitate order that specifies lifesaving care must not be provided in case of a sudden cardiac arrest or another health crisis, a bystander - if she or he knows about it - must honor it and avoid giving CPR.

The American Heart Association consistently supports and promotes CPR classes for people to perform lifesaving CPR while the victim waits for emergency response teams to arrive. Why? Studies show that brain death begins within four to six minutes after a cardiac arrest, and those who do not get CPR within that time are extremely unlikely to survive.

Getting CPR immediately - and unless you are in a medical care facility, that usually means from a bystander - could mean the difference between life and death.

Good Samaritan Laws merely protect bystanders who perform CPR. Other people such as medical professionals, first responders, lifeguards and caretakers may be held to a higher standard. Their employers have a duty to properly train their employees in administering CPR.

In any event, your business should have a policy on emergency aid. Your local Red Cross may be able to assist with policies and training on all these topics.

In addition, OSHA publishes a best practices guide entitled 'Fundamentals of a Workplace First-Aid Program” that covers topics such as training, first-aid supplies, automated external defibrillators and CPR.

Wilford H. Stone is a lawyer with Lynch Dallas.