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Elements of a Battery


In the case of transferred intent involving an assault and battery, there will likely be two plaintiffs: the person who was the intended victim of the battery (who sues for assault) and the person who was actually physically harmed (who sues for battery).

In medical malpractice cases involving unauthorized treatments or lack of informed consent (see below), the patient may sue for all costs and treatments/procedures associated with the treatment received. This is true, in many cases, even where the patient ultimately benefited from the unauthorized treatment (although this may be argued as a mitigating factor by defense).


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