Does a plaintiff have to comply with section 425.13 of the California Health Care Act when seeking damages for malpractice?

In Davis v. Superior Court (1994) 27 Cal.App.4th 623, 33 Cal.Rptr.2d 6, plaintiff alleged that physician/defendant had misrepresented that he would properly treat plaintiff and that he was qualified to perform certain medical procedures, defendant lied about plaintiff's medical condition and falsified his findings--all as part of a fraudulent scheme with the workers' compensation carrier to deprive plaintiff of his workers' compensation benefits. The court determined that plaintiff was seeking damages from an injury directly related to the professional services rendered by defendant acting in his capacity as a health care provider, and thus plaintiff was required to comply with section 425.13. (Id., at p. 629, 33 Cal.Rptr.2d 6.)