The Texas 15 16 Supreme Court concluded that the Medical Liability Act only precluded a DTPA suit against a 17 physician for negligence - "that is, a suit founded on a breach of the accepted standard of 18 19 medical care."

It observed that: 20 There can be no DTPA claim against a physician for damages for personal injury 21 or death if the damages result, or are alleged to result, from the physician's negligence; however, if the alleged DTPA claim

Claims that a physician or health care provider was 25 negligent may not be recast as DTPA actions to avoid the standards set forth in 26 the Medical Liability and Insurance Improvement Act. 27 889 S.W.2d at 242 (parenthetical