Although the category of intentional torts is interesting and has lots of examples of bad behavior, it is the unintentional acts that most often concern medical office professionals. “Simple” negligence can—and often does—rear its ugly head without warning or notice. That is the central point of it: that it happens by mistake or accident. Unlike intentional torts, negligence is not planned in advance in any way. The underlying principle that establishes whether the plaintiff can collect for damages in the case of negligence is the standard of care the defendant owed to the plaintiff. Consider the following scenario: An elderly patient presents at the provider’s office for a routine physical exam. You record the history and the vital signs accurately. The examination goes well, and, because of the patient’s age, the provider orders a pneumonia vaccination. You prepare the injection and administer it, but because it is flu season and you were not paying full attention, you mistakenly inject the patient with flu vaccine. The patient has a known allergy to eggs, and she becomes violently ill and requires hospitalization.

In this case, would your actions constitute negligence? Why or why not? Explain your conclusion.