A medical assistant overhears a coworker speculating about a patient's medical condition in a public area of the clinic where other patients can hear. The medical assistant knows the coworker's statements are not based on the patient's medical records or known facts. If the patient were to learn of this incident and decide to take legal action, which type of tort could this potentially represent?
The correct answer is slander, which is a defamation that is spoken rather than written, and involves the act of making false statements about a person that could damage their reputation. Since the coworker's speculative comments were verbal and could be heard by others, leading to potential harm to the patient's reputation, it would be considered slander if proved false. Libel, on the other hand, is a written defamation. Negligence requires proof of a duty of care and a breach leading to harm, which may not directly apply to the act of gossip. Assault is incorrect because there is no indication of an intentional act that caused the patient to fear immediate harmful or offensive contact.
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