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In reply to the discussion: $500,000 Awarded After Doctors Mock Patient During Surgery [View all]Thor_MN
(11,843 posts)Why would you doubt that? It is almost certainly the basis for the $200,000 award for malpractice. It wasn't a legal brief. Articles in the popular press (and a local Patch is barely above an amateur blog) are written for sensationalism. The voyeuristic aspect of mean things said grabs far more eyes than legal details.
Maybe a more serious write up, not done for the purpose you attracting reader's attention might convince you of how wrong you are. http://www.scribd.com/doc/269588961/AesthesiologistComplaint-Filed If reading is not your thing skip to statements 52, 137, and 138.
Does a person have to be present and conscious, in your opinion, for defamation to occur? The definitions I find are along the lines of "the act of making untrue statements about another which damages his/her reputation." which do not qualify that the person be present and aware. A person's reputation can be ruined without without the person ever hearing/reading the damaging false statements. I take you would not mind if someone started people you had syphilis and ebola? Since you never heard the words, you would be fine with that, correct?