Final answer:
The derogatory comments made about a patient's appearance by a staff member constitute slander, which is spoken defamation. Unlike libel, which is written, slander involves false and damaging statements made verbally to a third party. Public figures have a higher burden of proof for slander, requiring a demonstration of malicious intent or reckless disregard.
Step-by-step explanation:
When an EKG technician hears another staff member making derogatory comments about a patient's appearance, this is an example of slander. Slander is a form of defamation that occurs when one individual makes false and damaging statements about another individual, and these statements are spoken rather than written. This differs from libel, which involves written defamation. In contrast, assault would involve causing the patient to fear an imminent harmful or offensive contact, and battery would involve the actual physical contact that is harmful or offensive without the patient's consent.
It's important to note that in cases involving slander, the derogatory comments typically must be made to someone other than the person being defamed, they must be heard by a third party, and the statements must be false. For public figures, as established by the New York Times v. Sullivan case, the plaintiff must show that the utterances were made with malicious intent or reckless disregard for their truth or falsity.