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?

A) Consent
B) Breach of duty
C) Actual damages
D) Duty to act

C