2016-03350 / Court: 055

1/19/2016 4:59:40 PM
Chris Daniel - District Clerk Harris County
Envelope No. 8685460
By: Nelson Cuero
Filed: 1/19/2016 4:59:40 PM

CAUSE NO. _________________
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(PLAINTIFF)
VS.
CHI ST. LUKE’S HEALTH BAYLOR
COLLEGE OF MEDICINE MEDICAL
CENTER

HARRIS COUNTY, TEXAS

______TH JUDICIAL DISTRICT

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(DEFENDANT)

IN THE DISTRICT COURT

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TOMAS G. RIOS, M.D.

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TO THE HONORABLE JUDGE OF SAID COURT:

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PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

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COMES NOW, Plaintiff, Tomas G. Rios, M.D. (“Dr. Rios”) and files this his Original

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Petition and Request for Disclosure and would respectfully show unto the Court as follows:

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I. DISCOVERY

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Dr. Rios intends that discovery be conducted under Level 3 and requests that the Court

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implement a docket control or scheduling order.
II. PARTIES

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Plaintiff, Tomas G. Rios, M.D. is a resident of Harris County, Texas.

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Defendant, CHI St. Luke’s Health Baylor College of Medicine Medical Center, doing

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business as St. Luke’s Medical Center (“St. Luke’s” or “Defendant”) is a domestic nonprofit
corporation that is licensed to do business in Texas and it may be served with process by serving
its registered agent for service of process, CT Corporation System, at 1999 Bryan St., Ste. 900,
Dallas, Texas 75201-3136.
III. JURISDICTION

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Plaintiff’s Original Petition and Request for Disclosure

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 This Court has jurisdiction over the lawsuit because the amount in controversy exceeds
this Court’s minimum jurisdictional requirements.

Plaintiff seeks monetary relief over

$1,000,000.00, including damages of any kind, penalties, costs, expenses, pre-judgment interest,
and attorney fees.

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Venue is proper in Harris County under the Texas Health and Safety Code as it is the
District Court in the County where Defendant conducts business.
IV. FACTS

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On or about September 14, 2015, Dr. Rios, adhering to both his legal and ethical

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obligations, reported wrongdoings and violations of the law made by other Doctors working for

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Defendant. Subsequent to Dr. Rios reporting the violations, Dr. Rios became the victim of

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retaliatory actions by Defendant and its supervising physicians. False accusations were made

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against Dr. Rios through sham peer reviews designed to inhibit Dr. Rios’s ability to practice

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medicine in the State of Texas.

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On November 17, 2015 and again on December 9, 2015, Dr. Rios, through his counsel,

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informed St. Luke’s management of the wrongdoings.

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V. CAUSE OF ACTION 1 – Violations of Texas Health & Safety Code

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Dr. Rios repeats and re-alleges the facts and allegations set forth in the foregoing

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paragraphs as if fully set forth herein.

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St. Luke’s, through its supervisors and other personnel, violated the law by retaliating
against Dr. Rios, through threats, discipline, additional oversight, false accusations, and sham
peer reviews who reported wrongdoings and violations of the law.
IX. Conditions Precedent
All conditions precedent to Plaintiff’s claim for relief have been performed or have
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Plaintiff’s Original Petition and Request for Disclosure

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 occurred.
X. Request for Disclosure
Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendant disclose
within 50 days from the service of this request, the information or material described in Rule

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194.2.

VII. CONCLUSION AND PRAYER

Dr. Rios asks for Defendant to pay it damages for the money paid for services described

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above, that were not rendered, and the consequential damages that arose from Defendants’ acts.

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For the reasons set forth in this Original Petition and Request for Disclosure, Dr. Rios

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asks that the Court issue citation for Defendants to appear and answer, and that Dr. Rios be

Actual damages, including damages for mental anguish even if an injury other

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a.

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awarded a judgment against Defendant for the following:

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than mental anguish is not shown.
Exemplary damages.

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Prejudgment and postjudgment interest.

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Court costs.

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Reasonable Attorney fees.

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All other relief to which Plaintiff is entitled.

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Respectfully submitted,
WAGNER SÁENZ DORITY, L.L.P.
By:_/s/ Jeremy D. Saenz____________
Jeremy D. Saenz
State Bar No. 24033028

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Plaintiff’s Original Petition and Request for Disclosure

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 jsaenz@wsdllp.com
1010 Lamar Street
Suite 425
Houston, Texas 77002
Telephone:
(713) 554-8450
Facsimile:
(713) 554-8451

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ATTORNEY FOR PLAINTIFF
Tomas G. Rios, M.D.

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Plaintiff’s Original Petition and Request for Disclosure

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