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Medical Legal Issues in Health and Fitness Clubs

(1333 reviews)

Produced on October 14, 2015

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Course Information

Time 60 minutes
Difficulty Beginner

Course Description

Health and Fitness Clubs are facing increased liability exposure on a number of fronts. This program covers the various medical legal issues that arise with regard to owning and operating a health club.


The presentation begins with a brief overview of sudden cardiac arrest and the use of the automatic external defibrillator in high stress environments, such as health clubs. The course then focuses on how the various States have instituted regulations requiring the placement of automated extrernal defibrillators (AED) in health clubs and the legal issues that have arisen as a result, including recent Court decisions, such as Miglino v. Bally Total Fitness of Greater New York and Zihlman v. Wichita Falls YMCA. 


In addition, as health and fitness clubs are developing medical clearance and wellness programs with health care facilities, the program provides information on areas of potential liability and ways in which pitfalls can be avoided. 


Learning Objectives: 

I.   Identify the requirements and legal implications of having an AED available in a health club 

II.  Recognize the legal protections available in situations when the AED is used in emergency situations 

III. Ascertain the risks associated with expanding health and fitness programs and ways to avoid the potential




Credit Information

This course is pre-approved for CLE credit in the following states. If your state is not listed, contact support for more information on how to receive credit


Jeffrey C. Gerson

Kaufman Borgeest & Ryan LLP

Jeffrey is a partner practicing primarily in the areas of Medical Malpractice, General Liability and Insurance Coverage. Since 1991, Jeffrey has represented physicians, podiatrists, hospitals and other health care providers in all aspects of litigation including trials, appeals and matters involving the New York State Office of Professional Medical Conduct (OPMC). He has successfully obtained several defense verdicts and dismissals of civil actions involving allegations of medical and dental malpractice and wrongful death.


In addition to his defense of health care professionals, Jeffrey’s experience also includes the defense of homeowners, municipalities, day camps and child care agencies, and the representation of insurance companies in coverage matters and related litigation involving healthcare.


Jeffrey has lectured to physicians throughout New York State on topics related to risk management, documentation of medical records and medical office procedures. He is the author of numerous articles including, “Hospital Quality Assurance Material Under New York State Law,” Medical Malpractice in New York Textbook, NYSBA Publication, 3d Edition, 2009, and “Decubitus Ulcers: Medical-Legal Implications,” AHRMNY News, 2007. He recently lectured at a New York State Bar Association CLE Program entitled "Health, Fitness and Adventure Sports Liability."


In addition to trying cases to verdict, Jeffrey has also successfully handled multiple cases at the appellate level during his career, including preparation of appellate briefs, motion practice and oral argument.

Cristina LaMarca

Kaufman Borgeest & Ryan LLP

Cristina is a partner concentrating primarily in Medical and Dental Malpractice, General Liability and Healthcare Law. Cristina has represented physicians, podiatrists, hospitals, nurses and other health care providers in all aspects of litigation up to and including the time of trial, and matters involving the New York State Office of Professional Medical Conduct (OPMC) and Office of Professional Discipline. 


Cristina has also authored and assisted in the preparation of numerous articles for medical, legal and trade publications.


Prior to beginning her legal career, Cristina worked as a registered nurse with experience in critical care and Cardio-thoracic surgery. In addition, she worked extensively in the Quality and Performance Improvement and Health Information Management departments in a major metropolitan medical center creating and implementing various quality and performance improvement projects within the facility.


Barbara C.

Well done!

Paul R.

it was fine.

George S E.

Interesting topic. Thought that the subject was unique.

John R.

Both instructors were very good.

Cecilia M.

Presenters were really good!

Andrietta W.

Interesting program. Good presentation.

Stephanie M.

Very interesting topic and timely for my practice.

Julie A. B.

Good use of case law to highlight key points. Valued the nursing perspective of the medical portion of the program.

holly m.

Very practical informatio

Donna W.

Both instructors were informative and held my interest. The slides were so useful!

John R. M.

...good content, presentation was timed well.

Michael B.

It was very informative

Amy B.

Found the case law very interesting!

Elizabeth H.

This course was very interesting...I honestly didn't expect a course on the laws of defibrillators in athletic clubs and the legalities that arise from them to be interesting! Great course option!

Joseph M.

I found this presentation interesting.

Joel E.


Rebecca G.

Just felt that this was a very specialized topic but still well presented.

Jessica B.

as a paramedic I was impressed by the medical content...and as an attorney, I was impressed by the legal presentation

Wayne K.

Interesting topic.

Gary D.

Very practical and oriented to benefit lawyers in a general practice.

julie f.

very interesting take on possible expansion of the Good Samaritan law

Don L.

Great course!

Julie M.

Excellent! This is one of the best Lawline lectures I have seen.

Rebecca J.

Very informative

Patricia B.

The practical medical information for how an AED actually works and the types of arrythmia in addition to legal issues was very helpful

Lee C.

very interesting!

Michael H.

Jeffery was very good

Roslyn W.

Enjoyed the two speaker format

Richard F.

Focused course with solid content that could be covered in one hour.

J. Brent H.

This is a great course not just from the legal point, but also possibly saving a life. On your scale of 1-4, I give this a 10.

William M.

Outstanding !!! Clear, concise, and interesting. Can't wait for more CLEs from these presenters.

Doric S.


Bryant C.

Great information and well presented.

Thomas B.

In my experience, this is the most useful and informative course ever offered by jawline. I would highly recommend this to any practicing attorney. I would recommend this course to almost anyone. The speakers were extremely knowledgeable and experie

Barbara L.

Extremely informative

James F M.

Both presenters were effective in delivering information and holding my attention. Their expertise was evident.

Reginia B.

This is not an area that I practice in; however, it is great information for anyone that uses a health club,a family member or friend that uses one to be familiar with and mindful of when on site.

mark s.

excellent presentation

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