Following her return home from the hospital, the patient became aware that the respiratory therapy technician on the day she checked out had given her a treatment that was meant for the patient in the next bed. The technician had not checked the wristband on the patient before giving the treatment. This was a deep$-$breathing treatment designed to make her cough and clear her lungs.

Applying what you've learned about the components necessary for an act to be considered a case of negligence, would this scenario produce a viable negligence claim? If so$,$ which type would be the best fit? If not, what element is missing? Defend your answer.