Q: When suing a surgeon for medical battery, do I name him or name of his practice as the dependent of the case?
A: You sue both the doctor and his practice. His practice, as his employer, is also negligent for the doctor's negligence.
A: I assume you mean "defendant", not dependent. There is no cause of action (ground for lawsuit) called "medical battery". If you were the victim of a battery (an intentional act), you would sue for battery - and you may or may not have a separate cause of action for negligence against the employer (for example, if the employer was on notice that the employee had a history of battery). If you were the victim of medical malpractice, you would sue for medical malpractice (and would also have to comply with pre-suit notice requirements). The answer to your question on whom should be named as defendant depends greatly on the facts of your case and the cause or causes of action arising from those facts. Whatever happened to you, you should schedule a consultation with an attorney, even if it's just to get advice on representing yourself.
A: To add to my prior answer today, I see that the phrase "medical battery" is used in some states other than Florida. Your inquiry is vague as to what type of battery you mean. I'm guessing you mean that a procedure was performed on you without your informed consent, or without any consent at all, whether informed or not. There is case law in Florida indicating that such act, though technically a battery, is "a species of medical negligence" - and that probably results in a requirement that you follow statutory pre-suit notice procedures before you can file suit. To be safe, such notice, and any lawsuit that follows, should name both the individual physician and the corporate entity for his/her office.
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