ALBANY, N.Y. (AP) – While
state law requires New
York health clubs to have defibrillators and train staff
to use them, they aren't required to use them when a patron goes
That's the ruling of
New York's top court in the 2007 death of
Gregory Miglino Sr., who collapsed in cardiac arrest at a Long Island health club owned by Bally Total Fitness of
Greater New York.
staff called 911, broadcast an in-house request for anyone with medical training
and brought the club's defibrillator to Miglino's side, where a trainer detected
breathing and a pulse but didn't use it.
doctor and medical student began cardio-pulmonary resuscitation, paramedics
arrived and shocked Miglino, but he died.
Court of Appeals says Thursday a negligence lawsuit can proceed but the gym's
duty is limited.