Lopez v. Ledesma

Summary

The court held that MICRA's $250,000 cap on noneconomic damages applies to negligence claims against a physician assistant who acts within a legally enforceable agency relationship with a licensed supervising physician, performs authorized services, and receives inadequate or no actual supervision. The court also held that violations of supervisory regulations, without more, do not constitute services performed within a licensing-agency restriction that would exempt the claim from the cap. The court declined to decide whether the supervising physicians' disability legally revoked the delegation agreements because that issue was not timely raised or developed below.