Orlando, FL asked in Consumer Law and Small Claims for Florida

Q: I’m suing my veterinarian. In this case, should I name the vets personally or sue their practice/company? Or both?

It’s a VCA hospital but I can’t figure out whether to name the defendant(s) as the veterinarians individually or the company they work for, or both. Any reply I’d appreciate.

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Since you are asking this question, I assume you are representing yourself, and that you have not consulted with a lawyer to give you guidance on self-representation. If so, your case is almost certain to be dismissed because most lay people do not know what proof is necessary to prevent the case from being tossed out on what's called a summary judgment motion, if not even earlier than that on a motion to dismiss.

Most lay people don't realize that you must have a sworn-to opinion by a professional in the same field as the defendant being sued regarding that defendant falling below the applicable standard of care. It is not easy to obtain such an opinion in the veterinarian community. If you have obtained such an opinion, you are ready to file.

Regarding the info you seek here, many lawyers would say to sue both the entity and the vet personally, to cover all the bases. An entity employing a negligent employee acting in the course and scope of employment may be held vicariously liable for the damage caused by that negligence.

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