2017-17128 / Court: 055 NO. 3/11/2017 2:56:57 PM Chris Daniel - District Clerk Harris County Envelope No. 15809392 By: Jelilat Adesiyan Filed: 3/13/2017 12:00:00 AM CRISELDA G. CHAPA, IN THE DISTRICT COURT OF Individually and as Representative of the Estate of MANUELA CHAPA, deceased Plaintiffs, v. HARRIS COUNTY, TEXAS TRIUMPH SOUTHWEST, LP, KINDRED HOSPITAL SUGAR LAND, AND YASSIR SONBOL, M.D. Defendants. JUDICIAL DISTRICT PLAINTIFFS ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Plaintiff Criselda G. Chapa, Individually and as Representative of the Estate of Manuela Chapa, deceased, and on behalf and for the benefit of all the statutory beneficiaries of the decedent pursuant to Texas Civil Practice & Remedies Code 71.004 (collectively Plaintiffs ) complaining of Defendants Triumph Southwest, L.P., 1 Kindred Hospital Sugar Land, 2 and Yassir Sonbol, M.D. ( Defendants ) and, for causes of action, respectfully show the following: I. DISCOVERY 1. Discovery is intended to be conducted under Level 2 of Texas Rule of Civil Procedure 190.3. Plaintiffs affirmatively plead that they seek monetary relief aggregating more than $50,000. 1 This suit is brought against Triump Southwest, L.P., individually, and against its DBA Kindred Hospital Sugar Land. 2 The name Kindred Hospital Sugar Land is a DBA, and this suit against same is brought pursuant to Rule 28 of the Texas Rules of Civil Procedure.
II. PARTIES 2. Plaintiff Criselda Chapa is a resident of Harris County, Texas. In addition to the Plaintiffs identified herein, Plaintiff Criselda Chapa also brings this action on behalf and for the benefit of all of the statutory beneficiaries of the decedent pursuant to Texas Civil Practice and Remedies Code 71.004. 3. Defendant Triumph Southwest, LP, with the DBA of Kindred Hospital Sugar Land (hereinafter Kindred ), is an entity that identifies its principal place of business in Harris County, Texas at: 16055 Space Center Blvd., Suite 235, Houston, TX 77062, per its filings with the Texas Secretary of State. It may be served through its registered agent CT Corporation System, at 1999 Bryan St., STE. 900 Dallas, TX 75201. 4. Defendant Kindred Hospital Sugar Land (hereinafter Kindred ) is the assumed name of Defendant Triumph Southwest, LP. The instant action against it is brought pursuant to Rule 28 of the Texas Rules of Civil Procedure. It may also be served through its registered agent CT Corporation System, at 1999 Bryan St., STE. 900 Dallas, TX 75201. 5. Defendant Yassir Sonbol, M.D. (hereinafter Dr. Sonbol ) is a resident of Fort Bend County, Texas. He may be served at his work address at 16605 Southwest Freeway, Suite 420, Sugar Land, TX 77479-3500. III. JURISDICTION 6. Plaintiffs bring suit for all damages to which they are entitled by law. Plaintiffs damages exceed the minimum jurisdictional limits of this Court. 7. This action is brought pursuant to Texas Civil Practices and Remedies Code 71.002, 71.021, and 71.004. 2
IV. VENUE 8. Venus is proper in Harris County, Texas under sections 15.002(a)(3) and 15.005 of the Texas Civil Practice & Remedies Code because Harris County is the county of Defendant Triumph Southwest, L.P. s and Defendant Kindred Hospital Southwest s principal office in this state. V. VICARIOUS LIABILITY 9. Whenever in this petition it is alleged that a Defendant did any act or thing, it is meant that said Defendant s members, agents, officers, servants, borrowed servants, employees or representatives did such act or thing and that the time such act or thing was done, it was done with the full authorization or ratification of Defendant or was done in the normal and routine course and scope of employment of Defendant s members, officers, agents, servants, borrowed servants, employees or representatives. VI. NOTICE OF CLAIM 10. On March 11, 2017, Plaintiffs gave Defendants written notice of the claim herein sued on by certified mail, return receipt requested, as required by Chapter 74 of the Texas Civil Practice and Remedies Code and has otherwise complied with all the provisions of Chapter 74. VII. RULE 28 NOTICE 11. To the extent that any of the above named Defendants are conducting business pursuant to a trade name or assumed name, then suit it brought against them pursuant to the terms of Rule 28, Texas Rules of Civil Procedure, and Plaintiffs hereby demand that upon answering this suit, that they answer in their correct legal name and assumed name. 3
VIII. STATEMENT OF FACTS 12. This is a medical malpractice case. At the time of the incident that forms the basis of this case, Ms. Manuela Chapa ( Ms. Chapa ) was 87-years-old. As a result of the acts and omissions of Defendants Triumph Southwest, L.P. and Kindred Hospital Sugar Land (collectively, Kindred ), and Dr. Sonbol ( Dr. Sonbol ), Ms. Chapa died. The facts of Ms. Chapa s case are set forth below. A. February 26, 2015 13. Ms. Chapa first came to Defendant Kindred on February 26, 2015. She was previously treated at Oakbend Medical Center for pneumonia. Her doctors later decided to transfer her to Kindred, as her condition was improving. The goal was to wean Ms. Chapa from the ventilator. 14. Thereafter, on March 12, 2015, Defendant Dr. Sonbol, an interventional cardiologist, attempted to insert a temporary dialysis catheter in Ms. Chapa. Plaintiffs would discover that Dr. Sonbol and Kindred failed to obtain informed consent from Ms. Chapa or her family members prior to the procedure. Defendants also performed the procedure negligently and without backup medical support. Dr. Sonbol in fact abandoned Ms. Chapa when he realized that he did not have informed consent, and left the scene while Ms. Chapa was still bleeding. As a proximate result, Ms. Chapa died. Plaintiffs would later discover that the Defendants attempted to alter and change Ms. Chapa s medical records. 15. Based on the above, the Plaintiffs now bring this suit against Defendants Kindred and Dr. Sonbol. 4
IX. CAUSES OF ACTION 16. Based on the above allegations, which are adopted and incorporated in every cause of action below as if fully recounted therein, the Plaintiffs file this combined wrongful death and survival action against the Defendants. COUNT 1 MEDICAL BATTERY 17. Defendants Kindred and Dr. Sonbol did not obtain informed consent from Ms. Chapa or her family prior to the dialysis catheter procedure. The March 12, 2015 procedure was performed in violation of the Texas Medical Disclosure rules. As a result, these Defendants are liable for medical battery. A. Kindred COUNT 2 NEGLIGENCE 18. Defendant Kindred was negligent in one or more respects by failing to do what a hospital of reasonable prudence would have done under the same or similar circumstances, or doing what a hospital of reasonable prudence would not have done under the same or similar circumstances. Specifically, Kindred committed negligence by: 1. Failure to diagnose, treat, or warn, 2. Failing to obtain informed consent, 3. Failing to correctly chart the patient s medical records, 4. Failing to arrange back-up medical assistance (e.g. interventional radiology), 5. Altering the patient s medical records, 6. Failure to promptly and appropriately attend to the medical needs of Ms. Manuela Chapa. Such negligence on the part of Kindred proximately caused Plaintiffs injuries and resulting damages. 5
B. Dr. Sonbol 19. Defendant Dr. Sonbol was negligent in one or more respects by failing to do what a physician of reasonable prudence would have done under the same or similar circumstances, or doing what a physician of reasonable prudence would not have done under the same or similar circumstances. Specifically, Dr. Sonbol committed negligence by: 1. Failure to diagnose, treat, or warn, 2. Failing to obtain informed consent, 3. Failing to correctly chart the patient s medical records, 4. Negligent insertion of a dialysis catheter, 5. Abandoning the patient, 6. Altering the patient s medical records, 7. Failure to promptly and appropriately attend to the medical needs of Ms. Manuela Chapa. Such negligence on the part of Dr. Sonbol proximately caused Plaintiffs injuries and resulting damages. COUNT 3 PATIENT ABANDONMENT 20. Dr. Sonbol abandoned Ms. Chapa in her time of need. As set forth above, when Dr. Sonbol realized that he did not have the consent to perform the procedure, he left Ms. Chapa on her own. Under Texas law, a physician has a duty not to abandon a patient. Dr. Sonbol breached this duty. As a proximate result thereof, the Plaintiffs suffered an injury. COUNT 4 FORGERY AND/OR FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING 21. Defendants Kindred and Dr. Sonbol have not only breached applicable standard of care they have in fact committed forgery and the fraudulent destruction, removal, or concealment of writing by tampering and altering Ms. Chapa s medical records. As set forth above, Defendants have (1): altered Ms. Chapa s records to reflect consent, when the patient did not so consent, and 6
(2): altered Ms. Chapa s records concerning the type of the medical procedure that was actually performed. 22. Plaintiffs specifically plead Section 41.008(c) of the Texas CPRC. Based on Defendants forgery and fraudulent destruction, removal, or concealment of writing, the limitations and caps under Section 41.008(b) of the Texas CPRC are rendered inapplicable. COUNT 5 GROSS NEGLIGENCE 23. Defendants acts and omissions listed under the above Counts of this Petition, which Plaintiffs wholly adopt and incorporate by reference into this Count 5, involved an extreme degree of risk, when viewed objectively from Defendants standpoint at the time, considering the probability and magnitude of the potential harm. Defendants had actual, subjective awareness of the risk involved, but nevertheless proceeded with conscious indifference to the rights, safety or welfare of Ms. Manuela Chapa. Defendants acts and omissions constituted gross negligence, and proximately caused Plaintiffs injuries and resulting damages. X. DAMAGES 24. Based on the above allegations and causes of action, which are all adopted and incorporated into each element of damages below as if fully recounted therein, Plaintiffs seek the following damages from Defendants jointly and severally: A. Criselda Chapa, as Representatives of the Estate of Manuela Chapa 1. Past pain and suffering; 2. Past mental anguish; 3. Medical expenses that have been incurred in the past; 4. Funeral and burial expenses; 5. Pecuniary losses; 7
6. Non-pecuniary losses; 7. Exemplary damages, including but not limited to those governed by Section 41.008(c) of the Civil Practice and Remedies Code; 8. Pre- and post-judgment interest; and 9. Any other damages allowed under the law and proved in the trial of this case. B. Criselda Chapa, Individually, and for the benefit of all the statutory beneficiaries of the decedent pursuant to Texas Civil Practice and Remedies Code 71.004 1. Past and future mental anguish; 2. Past and future loss of services; 3. Loss of advice, counsel, care and maintenance; 4. Loss of parental consortium; 5. Loss of support; 6. Loss of companionship and society; 7. Loss of inheritance; 8. Pecuniary losses; 9. Non-pecuniary losses; 10. Pre- and post-judgment interest; 11. Exemplary damages, including but not limited to those governed by Section 41.008(c) of the Civil Practice and Remedies Code.; 12. Any other damages allowed under the law and proved in the trial of this case. XI. CONDITIONS PRECEDENT 44. All conditions precedents to Defendants liability and the Plaintiffs right to recover have been performed, have occurred, or have been waived. 8
PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs request that Defendants be cited to appear and answer, and that on final trial, Plaintiffs are awarded: 1. Judgment against Defendants, jointly and severally, for actual damages in an amount in excess of the minimum jurisdictional limits of the Court, with prejudgment and post judgment interest at the maximum lawful rate beginning as soon as the current law permits; 2. Court Costs; 3. Exemplary damages, including but not limited to those governed by Section 41.008(c) of the Civil Practice and Remedies Code; 4. Pre- and post-judgment interests, and 5. Further relief, special and general, at law and in equity, to which the Plaintiffs may show themselves justly entitled. PLAINTIFFS DEMAND A JURY TRIAL Respectfully submitted, McGEHEE CHANG, BARNES, LANDGRAF _/s/ Jack E. McGehee Jack E. McGehee TBN 13623700 jmcgehee@lawtx.com H. C. Chang TBN 24031930 hcchang@lawtx.com Stephen A. Barnes TBN 24066953 sbarnes@lawtx.com Benjamin T. Landgraf TBN 24072199 blandgraf@lawtx.com 10370 Richmond Ave., Suite 1300 Houston, Texas 77042 (713) 864-4000 (713) 868-9393 fax ATTORNEYS FOR PLAINTIFFS 9