Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council, but this is untrue. Is Monica liable for prosecution? Why?
What will be an ideal response?
Monica is liable for prosecution for defamation of character. The tort of defamation of character requires a plaintiff to prove that:
a. The defendant made an untrue statement of fact about the plaintiff.
b. The statement was intentionally or accidentally published to a third party. In this context, publication simply means that a third person heard or saw the untrue statement. It does not require appearance in newspapers, magazines, or books.
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