Reference no: EM132186776

ACQUIRE FOR SURVIVAL

Dr. Green looked at Rodney Murphy with a scowl. "This is serious, Rodney. 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."

Rodney left Dr. Green's office feeling depressed, so he went to see a movie at the PACE Theatre in the Crown Mall. 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 Rodney 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, Rodney 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 Green, Rodney had an intensive discussion with his wife, Olivia, regarding his health and lack of exercise. Olivia had joined the local Frontier Gym the previous year with the expressed intent to "get in shape."

Subsequent to her joining Frontier Gym, Olivia had continually encouraged Rodney 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." Rodney was steadfast in his refusal to join his wife at Frontier Gym 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 Rodney's visit to Doctor Green, Olivia asked Rodney if he would at least accompany her to Frontier Gym that morning to watch her exercise. Rodney agreed, saying "I'll just drop you off and pick you up after your session is over."
Rodney did just that. He drove Olivia to Frontier Gym, dropped her off and returned to pick her up.

Olivia was not waiting outside of Frontier Gym when Rodney arrived to pick her up so Rodney parked his car and entered Frontier Gym to wait in the lobby until his wife was finished. Rodney found a seat in the lobby where he could sit and wait. While waiting for his wife, Rodney suddenly collapsed to the floor.

A Frontier Gym employee saw Rodney collapse and rushed to his side. He checked Rodney for breathing and a pulse. Determining that Rodney 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 Frontier Gym employee then began administering cardiopulmonary resuscitation (CPR). The only medical aid that the employee was able to administer was CPR since Frontier Gym did not have an automated external defibrillator (AED) on the premises. The employee continually administered CPR until two emergency medical technicians (EMT's) arrived 12 minutes after being summoned.

After assessing the situation and determining that Rodney 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 a 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. Rodney was transported to the nearest emergency trauma center.

While transporting Rodney to the trauma center, the EMTs continued with CPR and defibrillation in compliance with appropriate procedures. Upon arrival at the trauma center, Rodney's care was transferred to the on-duty physician. Subsequent attempts to revive Rodney failed.

An autopsy performed following Rodney'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. Rodney's wife, Olivia, is contemplating suing Frontier Gym for negligence.

On behalf of Frontier Gym, Mr. Noah Jones has hired your firm to provide an analysis of the situation. Initially, Mr. Jones provided your firm with copies of letters exchanged between himself and Charlie Salazar. In addition, Mr. Jones provided your firm with some data relating to age at death and blood cholesterol levels.

After reviewing the information provided by Mr. Jones a meeting was arranged by your firm to discuss this matter further with Mr. Jones.

During that meeting Mr. Jones provided additional information including the following: Frontier Gym 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 & Safety Code, §§ 204-205; and a copy of Gould Evidence Code, § 966.

Required

Your firm has been hired by Frontier Gym 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.