EMT Brandon came to work feeling very tired and decided to nap before doing his equipment and vehicle checklist. After about 45 minutes, the alarms went off, and Brandon and his EMT partner were dispatched for a seizure. Brandon and his partner's patient was still actively seizing when they arrived at the scene.Brandon discovered that the previous shift had used all the Valium and failed to replace it. As a result, Brandon could administer no medication to stop the seizure. Ultimately, the patient stopped seizing and suffered no apparent adverse consequences.

If patient sues Brandon for medical malpractice:

Answers:

A.

Patient will probably lose, because Brandon owed the patient no duty.

B.

Patient will probably lose, because of implied consent in an emergency.

C.

Patient will probably lose, because the patient suffered no actual damages.

D.

Patient will probably win.