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While transporting a patient down the hall on a stretcher, Nurse Reyes stops to chat with an orderly. The side rails on the stretcher are

While transporting a patient down the hall on a stretcher, Nurse Reyes stops to chat with an orderly. The side rails on the stretcher are down, and while Nurse Reyes has her back to the stretcher, the patient rolls over, falls off the stretcher, and fractures his hip. In a lawsuit by the patient against Nurse Reyes, what must the patient establish to prove negligence against the nurse?

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