Defibrillators and insurance protection4th January, 2012 by admin
I am grateful to long-standing GCMA member Martyn Senior for taking up some interesting enquiries on the possible impact using defibrillators would have from the view of a club’s insurers:
‘At the recent GCMA North West meeting the subject of the use of defibrillators was raised.
‘A question was raised on the insurance position and the use by staff. We are grateful therefore to David Morgan of Marsh who has provided a comprehensive response to the question:
‘“Having referred the question to two separate underwriters, the categorical answer is yes in that the policy would indemnify the entity and individual for the use of this equipment.
‘“As is always, there are caveats which apply:
‘“1. The defibrillators are to be regularly checked in accordance with manufacturer’s requirements and health and safety requirements if applicable.
‘“2. Only trained certified persons are to use the equipment, all training must be logged and kept up to date and within regulatory requirements.
‘“3. When the defibrillators are used the reason and person who used the equipment is to be recorded.
‘“The scenarios posed by Martyn, which may give rise to ‘compensation requests’, are noted below. Taking into account the confirmations from insurers, we can make the following responses:
‘“1. What if a club does not have a defibrillator and a member dies?
‘“Answer: It is not currently mandatory to have this equipment in place, however insurers will still indemnify an employee who carries out manual resuscitation provided they have received the minimum level of certified training.
‘“2. A club has a defibrillator but the operator uses it and the member still dies – training records show the staff member missed the last training session so was ‘out of date’.
‘“Answer: Only trained persons are able to use the defibrillators and it would be the club’s responsibility to ensure the training is kept up to date. However, insurers would again take a moral stance that it is better to try to save life rather than taking no action. (Note from Keith Lloyd: ‘It is understood that the improved graphic instructions displayed with the most up-to-date defibrillators make it extremely easy for competent persons to use in order to resuscitate a person going into cardiac arrest. Naturally, and for the avoidance of doubt, a Club should check this aspect with their own insurer direct.’
‘“3. The club has a defibrillator but a ‘trained’ staff member is unavailable – the member dies.
‘“Answer: Insurers would not expect the defibrillator to be used in this instance however they would indemnify the Club for an employee who carries out manual resuscitation provided they have received the minimum level of certified training.
‘“NB. A person who has received the minimum level of certified training for both manual resuscitation and use of defibrillators would also have had the correct training to indentify when both actions may be required.”
Keith Lloyd is chief executive of the Golf Club Managers’ Association