A 75-year-old patient at a licensed healthcare provider care center suffered from diabetes, dementia, coronary artery disease, immobile decubitus ulcers (bedsores), and was unable to walk, talk, or feed herself.
Her physician prescribed a daily whirlpool bath as a medical treatment for the decubitus ulcers. The facility did not have a whirlpool so she was given a regular daily bath. A certified nursing assistant prepared a bath for the patient and placed her in hot water that was 138 degrees and that subsequently caused severe burns from which she died three days later.
A wrongful death action was brought. Parties settled before trial for $1.5 million.
Source: Strine v. Commonwealth of Pennsylvania, et al., 894 A.2d 733 (Pa. 2006). Although the vignette is based on this case, do not consult the case for additional facts. Answer each question based on the facts presented in the vignette.
1. Are all of the elements of negligence in the above case?