Lopez v. Ledesma
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In the absence of any clear legislative statement on the issue, a physician assistant acts within the scope of his or her license for purposes of Civil Code section 3333.2, subdivision (c)(2) if he or she has a legally enforceable agency agreement with a supervising physician, regardless of the quality of actual supervision.
After plaintiff prevailed in her negligence claims, the trial court awarded noneconomic damages, but reduced them under section 3333.2, subdivision (b). The Court of Appeal affirmed the trial court's reduction of the damages awarded, rejecting plaintiff's claim that the negligence of the physician assistants is included within the scope of the proviso excluding certain conduct from statutory damages because the physician assistants acted without the supervision of a physician in violation of the governing statutes and regulations.
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