Is a plaintiff entitled to bring a tort action for malpractice against his employer-doctor?

Plaintiff relies upon the case of Duprey v. Shane, 39 Cal.2d 781, 249 P.2d 8 to support his contention that he is entitled to bring a tort action for malpractice against defendants. In Duprey, the plaintiff was employed by the defendant doctor. She was injured on the job, and the doctor aggravated her injury by negligent treatment. The court held that when the employer-doctor elected to give her medical treatment, he took on a 'dual legal personality,' and as a doctor was just as liable in a court of law as any other doctor who might undertake to treat a patient. When he treated her, he was not acting in the capacity of employer, but in another and entirely separate capacity and relationship vis-a-vis the

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