Apply the elements of negligence to this fact pattern

The Tennessee Department of Health, under its statutory authority, may license special Alzheimer units in nursing homes. Such units are subject to special requirements. One requirement is as follows:

The designated units shall provide a minimum of 3.5 hours of direct care to each resident every day.

Happy Valley Nursing Facility operates an Alzheimer unit licensed by the Tennessee Department of Health. Jane Jones was a resident on this unit.

On January 6, 2012, the staff noticed that Jane Jones was not in her bed during morning rounds. No medical record entry had been made for more than twenty-four hours. She was later discovered outside where she had apparently spent the night in below freezing weather. Her family members sued the facility alleging neglect.

• Apply the elements of negligence to this fact pattern
• Identify any other facts that you may need to answer this question