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New York's Appellate Division, Second Department, ruled late last month that health clubs in the state must use automated external defibrillators (AEDs) when necessary. Not using AEDs when someone is experiencing a heart attack can now be a cause of action for a lawsuit.
In 2008, Gregory Miglino was playing racquetball at a Bally Total Fitness club in Lake Grove, Suffolk County. After his game, he collapsed and when the ambulance arrived a few minutes later, he was sent to Stony Brook Hospital, where he died.
Court records show that another gym member informed the front desk after Miglino collapsed. The front desk called 911 immediately. Several employees rushed over to Miglino's body with an AED in hand. One of the workers was trained in the use of AEDs. They checked Miglino's pulse, but inexplicably never used the AED. This could have been due to negligence or something reasonable. But to the appellate court, it didn't matter.
The court determined that a cardiac episode was enough cause for the mandated use of a defibrillator. They recognized that NY's General Business Law 627-a only requires that AEDs are on-site at New York health clubs. But the law did not "Contain any provision stating there is no duty to act" and "It is illogical to conclude that no such duty exists." Therefore, there now exists "An inherent duty to make use of the statutorily required AED."
This ruling stands in contrast to a 2010 Appellate Division, First Department, case, which ruled that club employees' duty of care was fulfilled by simply calling 911 and performing CPR.
COMMENT:
According to this decision, this now means that there is an affirmative duty to take action. If a gym employee sees someone in distress and fails to use the AED, they, along with their company may be held liable for the injuries the patron suffered. The question will arise whether the employee is trained in using the AED (even though the instructions are really simple and clear) and whether the AED would have made a difference in the outcome.
If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
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