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A 75-year-old patient at a licensed, long-term care facility suffers from diabetes, dementia, coronary artery disease, and immobile decubitus ulcers (bedsores). She is unable to walk, talk, or feed herself.

Her physician prescribed a daily whirlpool bath as a medical treatment for the decubitus ulcers. The facility does not have a whirlpool, so the patient was given regular daily baths instead. A certified nursing assistant (CNA) prepared a bath for the patient and placed her in hot water that was 128°F, which subsequently caused severe burns. As a result of the burns, the patient developed a bacterial infection and died 3 days later of sepsis.

A wrongful death lawsuit was brought against the long-term care facility. The parties settled before the trial for $1.5 million. (Source: Strine v. Commonwealth of Pennsylvania et al., 894 A.2d 733 (Pa. 2006).

1. Who would have been named in this lawsuit? The

2. How could the patient's death have been prevented? How could a safer environment have been provided?


3. Define and describe the four elements of negligence in this case.