Problem
SPRINT TO LIFE Dr. Kramer looked at Adam with a scowl. "This is serious, Adam. You are a prime candidate for a heart attack at age 48. Your blood cholesterol level is 310 mg/dL, you have high blood pressure, you're overweight, and you don't exercise." Adam left Dr. Kramer's office feeling depressed, so he went to see a movie at the Royal Theatre in Courtyard Square. Although he was irritated by the commercials that were run prior to the showing of the movie, he thought that the movie was outstanding. After the movie, Adam dined on sprouts and seaweed at a health food restaurant. Not thrilled with the prospect of a continued health food diet of sprouts, seaweed, and sawdust, Adam resolved to exercise more. He hoped that exercise would result in his losing weight and the lowering of both his blood pressure and blood cholesterol level. The morning following his visit to Doctor Kramer, Adam had an intensive discussion with his wife, Joanne, regarding his health and lack of exercise. Joanne had joined the local "Sprint to Life" fitness center the previous year with the expressed intent to "get in shape." Subsequent to her joining Sprint to Life, Joanne had continually encouraged Adam to join her at the spa telling him "since starting my workout program I feel great and I think the exercise would be good for your health." Adam was steadfast in his refusal to join his wife at Sprint to Life telling her that her "constant nagging about his health and exercise did nothing but cause an increase in his blood pressure."
However, following this latest discussion regarding Adam's visit to Doctor Kramer, Joanne asked Adam if he would at least accompany her to Sprint to Life that morning to watch her exercise. Adam agreed, saying "I'll just drop you off and pick you up after your session is over." Adam did just that. He drove Joanne to Sprint to Life, dropped her off and returned to pick her up. Joanne was not waiting outside of Sprint to Life when Adam arrived to pick her up so Adam parked his car and entered Sprint to Life to wait in the lobby until his wife was finished. Adam found a seat in the lobby where he could sit and wait. While waiting for his wife, Adam suddenly collapsed to the floor. A Sprint to Life employee saw Adam collapse and rushed to his side. He checked Adam for breathing and a pulse. Determining that Adam was not breathing, had no pulse and appeared to be unconscious and unresponsive, the employee directed that Emergency Medical Service (EMS) assistance be called. The Sprint to Life employee then began administering cardiopulmonary resuscitation (CPR). The only medical aid that the employee was able to administer was CPR since Sprint to Life did not have an automated external defibrillator (AED) on the premises.
The employee continually administered CPR until two emergency medical technicians (EMTs) arrived 12 minutes after being summoned. After assessing the situation and determining that Adam was still not breathing, had no pulse and was unconscious, one EMT assumed the continued administration of CPR while the second EMT attached electrode pads from an AED that was one item of the EMT's emergency equipment. Following proper procedures, the EMT administered a first shock, then a second shock, and then a third shock, in accordance with appropriate guidelines. The EMT was unable to discern a pulse. CPR was resumed for one minute. There still being no pulse, an additional set of three quick shocks was administered. Again, no pulse was detected. Adam was transported to the nearest emergency trauma center. While transporting Adam to the trauma center, the EMTs continued with CPR and defibrillation in compliance with appropriate procedures. Upon arrival at the trauma center, Adam's care was transferred to the on-duty physician. Subsequent attempts to revive Adam failed. An autopsy performed following Adam's death indicated that he did not die from a heart attack but rather from sudden cardiac arrest (SCA).
According to medical experts, the only accepted treatment to restore an effective heart rhythm in victims of sudden cardiac arrest is defibrillation using an automatic external defibrillator (AED). Cardiopulmonary resuscitation (CPR) alone is not effective in treating SCA. Adam's wife, Joanne, is contemplating suing Sprint to Life for negligence. On behalf of Sprint to Life, Mr. Eddie Chan has hired your firm to provide an analysis of the situation. Initially, Mr. Chan provided your firm with copies of letters exchanged between himself and Robert Bruno. In addition, Mr. Chan provided your firm with some data relating to age at death and blood cholesterol levels. After reviewing the information provided by Mr. Chan, a meeting was arranged by your firm to discuss this matter further with Mr. Chan. During that meeting Mr. Chan provided additional information including the following: Sprint to Life Mission Statement and Corporate Vision; a magazine article from the "Journal of Medicine & Science in Sports"; a newspaper article from the "Hometown Tribune"; a copy of a Gould Court of Appeals Case (Fogel v. Get 'N Go Markets); a copy of Gould Health & § 204. Each year, sudden cardiac arrest, also known as sudden cardiac death, is responsible for the death of more than 250,000 residents of the United States. Medical research indicates that the key to survival of sudden cardiac arrest is the timely implementation of a "chain of survival" including cardiopulmonary resuscitation (CPR) and the restoration of an effective heart rhythm by defibrillation. Recent technological breakthroughs have resulted in the availability of a portable lifesaving devise called an "automated external defibrillator" or "AED."
In order to promote the health and safety of its citizens the following statutes are enacted. § 205 (a) Commencing one year after the enactment of this section:
(1) Every health studio, as defined in subdivision (h) shall acquire an automated external defibrillator (AED). (2) Every health studio, as defined in subdivision (h), shall maintain, and train personnel in the use of an automated external defibrillator acquired pursuant to this section, and shall not be liable for civil damages resulting from the use or attempted use of an automatic external defibrillator as provided in this section. (b) An employee of a health studio who renders emergency care or treatment is not liable for civil damages resulting from the use or attempted use of an automatic external defibrillator, except in the case of personal injury or wrongful death that results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use an automatic external defibrillator to render emergency care or treatment. (c) When an employee uses or attempts to use, an automatic external defibrillator consistent with the requirements of this section to render emergency care or treatment, the members of the board of directors of the facility shall not be liable for civil damages resulting from any act or omission in rendering the emergency care or treatment, including the use or attempted use of an automatic external defibrillator. (d) When an employee of a health studio renders emergency care or treatment using an automatic external defibrillator, the owners, managers, employees, or otherKramer responsible authorities of the facility shall not be liable for civil damages resulting from any act or omission in the course of rendering that emergency care or treatment. (h) For purposes of this section, "health studio" means any facility permitting the use of its facilities and Safety Code, §§ 204-205; and a copy of Gould Evidence Code, § 966.
Required
Your firm has been hired by Sprint to Life to provide an analysis of the situation. Write a report using the report writing guide from the course website. Before beginning to write the report, what issues must be addressed in the case? Does your firm require additional information? If so, what is the additional information needed? Your answer should include concepts 1, 4, and 5 from statistics, concepts 2 and 5 from business law, and material in ethics. equipment or access to its facilities and equipment, to individuals or groups for physical exercise, body building, reducing, figure development, fitness training, or any other similar purpose, on a membership basis. "Health studio" does not include any hotel or similar business that offers fitness facilities to its registered guests for a fee or as part of the hotel charges. Gould Evidence Code Division 10. Burden of Proof; Burden of Producing Evidence; Presumptions and Inferences Chapter 6. Presumptions and Inferences Article 8. Presumptions Affecting the Burden of Proof § 966. Failure to exercise due care (a) The failure of a person to exercise due care is presumed if: (i) The person violated a statute, ordinance, or regulation of a public entity; (ii) The violation resulted in death or injury to person or property; (iii) The death or injury to person or property resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent, and (iv) The person suffering the death or the injury to his or her person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.
Was Sprint to Life negligent in failing to have an AED on the premises?