Can a nurse who is employed by a chiropractor sue her employer for malpractice?

8 In Duprey v. Shane (1952) 39 Cal.2d 781, 793, 249 P.2d 8, a nurse who was employed by a chiropractor was treated by him for an industrial injury. We held that she could sue her employer for malpractice because in committing the tortious acts he was acting in his capacity as a doctor rather than as an employer. (See also Baugh v. Rogers (1944) 24 Cal.2d 200, 214, 148 P.2d 633; Douglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 110, 137 Cal.Rptr. 797.)