Final answer:
Negligence resulting in harm to a resident is known as malpractice. Defamation, comprising libel and slander, is false communication that harms someone's reputation. Public figures face a higher burden of proof due to the 'actual malice' standard set by New York Times v. Sullivan.
Step-by-step explanation:
In the context of the provided options, negligence that results in harm to the resident is best described as malpractice. Malpractice refers to a type of negligence that occurs when a professional fails to perform their duties to the required standard of care, which results in harm to someone they have a duty to protect. In the healthcare field, this would typically be a patient receiving substandard care from a healthcare provider.
Defamation includes both libel and slander and is the act of damaging someone's good reputation by making false statements. Libel refers to written defamation, while slander refers to spoken defamation. The legal protections offered to media outlets under the First Amendment make it challenging to win a lawsuit for defamation. Opinion pieces are generally protected from litigation as long as they are not presented as factual statements. When it comes to public figures, the landmark case New York Times v. Sullivan established that they must demonstrate that defamatory statements were made with 'actual malice' to successfully claim libel or slander. Gertz v. Robert Welch, Inc. confirmed that states can set their own defamation liability standards for private individuals, as long as fault is present. However, if a lower standard than 'actual malice' is used, only actual damages can be awarded.