In Duprey v. Shane (1952) 39 Cal.2d 781, plaintiff, an employee of a chiropractor, was injured, in the course and scope of her employment, while assisting in the treatment of a patient. Instead of sending her to another doctor for treatment, the employer elected to treat her himself. The treatment he gave was negligent and, instead of curing it, aggravated the original injury. The Supreme Court held that, in electing to treat the injury himself, the doctor had assumed a capacity different from that of employer and had become liable in law, for his malpractice. Duprey had been followed in cases on similar facts.