Does the dual capacity doctrine apply to medical malpractice claims?

California, United States of America


The following excerpt is from Hendy v. Losse, 1 Cal.Rptr.2d 543, 54 Cal.3d 723, 819 P.2d 1 (Cal. 1991):

The dual capacity doctrine posits that an employer may have or assume a relationship with an employee other than that of employer-employee, and that when an employee seeks damages for injuries arising out of the secondary relationship the employee's claim is not subject to the exclusive remedy provisions of the Workers' Compensation Act. The doctrine was first enunciated in Duprey v. Shane (1952) 39 Cal.2d 781, 249 P.2d 8, which, like this case, involved a medical malpractice claim.

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