California Supreme Court

Lopez v. Ledesma

February 24, 2022

Summary

The court held that MICRA's $250,000 cap on noneconomic damages applies to physician assistants who provide authorized medical services under a legally enforceable agency relationship with a supervising physician, even when the physician provides inadequate or nonexistent supervision. It further held that violations of supervisory regulations constitute unprofessional conduct, not a licensing restriction that removes the action from MICRA. The court declined to decide whether physician incapacity legally revoked the delegation agreements because that issue was not timely raised or developed below.