1. At a physician's office, an assistant reviews a patient's chart and discovers a chart entry, made in error, referring to a disease the patient has. The patient is a classmate of the assistant's child. The assistant warns her child to use caution when around the patient; soon, everyone is avoiding the patient. If the patient sues the physician for having disclosed confidential information and so, held the patient up to ridicule, would the physician win on a motion to dismiss the claim because the actions of the assistant were completely under-taken by the assistant and the physician had no role in the disclosure of the information?