My son was taking a hot yoga class with weights. During the class he went into cardiac arrest. The instructor immediately attended to him. He has an ICD device that did fire and started to bring his heart back to a normal rhythm. The instructor called 911 (she herself is EMT trained), and continued to attend to him.
There was another instructor in the class that took over teaching the class after about a 5 minute interruption. My son was rushed to an emergency hospital and then transferred to another hospital for follow up care. He was released after a day.
From my understanding the instructor has been told she did something wrong for attending to my son and is possibly going to be fired. As for us we have never heard from the yoga studio. I even do some training there and have never been asked if he is okay. We also were not asked to sign any sort of paperwork reporting the incident.
Also upon asking more questions I have found out some instructors at the studio are not CPR certified or trained to use the Automatic Defibrillator in the studio.
Is there any recourse for my son or the instructor?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
From the facts you present it appears your son received the immediate medical care he required. It appears the first yoga instructor acted accordingly and quite possibly saved your son’s life.
There doesn’t seem to be any legal reason which would require the yoga studio owners or management to contact you. There is no evidence presented in your submission showing the studio management or ownership acted in an inappropriate manner. Quite the contrary, the yoga instructor seemed to have the necessary medical training to apply the cardiac defibrulator.
There really wouldn’t have been a reason for the yoga studio to present you with any paperwork unless they wanted you and your son to sign a legal release.
At or about the time of your son’s cardiac arrest it was altogether possible the yoga studio created an “Incident Report”.
Although they aren’t legally required to make it available to you, they may volunteer to do so. Even with the incident report in hand there doesn’t appear to be any evidence of wrongdoing.
Learn more here: Injuries in Gyms and Fitness Centers
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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