A patient is transported to the emergency department by rescue after being involved in a motor vehicle accident. Th e patient is alert and oriented but keeps stating he is having trouble breathing. Oxygen is started, but the patient is still showing signs of dyspnea. Th e patient suddenly develops respiratory arrest and dies. During the resuscitation process, it is discovered that the nurse failed to open the correct oxygen valve. Th e family sues the hospital and the nurse for:

1. Malpractice 2. Negligence 3. Nonmalefi cence 4. Equipment failure