Court: NY gyms don't have to use defibrillators - DC News FOX 5 DC WTTG

Court: NY gyms don't have to use defibrillators

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 down.

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.

Gym 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.

A doctor and medical student began cardio-pulmonary resuscitation, paramedics arrived and shocked Miglino, but he died.

The Court of Appeals says Thursday a negligence lawsuit can proceed but the gym's duty is limited.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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