1.        Plaintiff sued under the DTPA alleging that the hospital and HMO had advertised great care and had not given it.
2.        The court said that the claim needed to be looked at for how it was to be proved.  If it had to be proved with expert medical testimony, then it was under 4590i.  Under 4590i, you cannot skirt med mal law by recasting your claim.  This is an area of tort reform.  There few statutes that are this all inclusive about what you can do.