EMT-P Smith came to work feeling very tired and decided to nap before doing his equipment and vehicle checklist. After about 45 minutes the tones went off, and EMT-P Smith and his EMT-B partner, Jones, were dispatched for a seizure. The patient was still actively seizing when they arrived at the scene. Smith discovered that the previous shift had used all the Valium and failed to replace it. As a result, Smith could administer no medication to stop the seizure. Ultimately, the patient stopped seizing and suffered no apparent adverse consequences. Which of the following elements to establish negligence is missing in this case?

Question

Quizplus · Accepted Answer

The missing element is actual damages. While there was a breach of duty (failure to replace the Valium), a duty to act (responding to the call), and potentially lack of consent (not applicable in this case), there were no actual damages suffered by the patient.

EMT-P Smith Came to Work Feeling Very Tired and Decided