This year, the Court of Appeals decided three cases involving duties of care in medically related contexts. Each of those decisions proved to be contentious, with no unanimity of opinion by the court in any of the cases. Those decisions, which involved claims of liability against health clubs, laboratories conducting drug testing, and municipal ambulance services, are the subject of this month’s column.
Defibrillators
In Miglino v. Bally Total Fitness of Greater New York, 20 N.Y.3d 342 (2013), the court held that a statute which requires health clubs to have defibrillators on the premises and personnel trained in their use, did not impose a concomitant duty on the club or its employee to use the device to save a stricken patron. The plaintiff’s decedent collapsed while at the defendant’s health club. A personal trainer employed by the club rushed to his side. Another employee called 911, made an announcement for assistance from someone with medical training, and then brought the club’s automated external defibrillator (AED).
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