ial fic Un of C ist ric t C ler k l D nie Da is hr C of e ffic O op y 2018-24328 / Court: 189 JURISDICTION 4. This Court has jurisdiction over the lawsuit because the amount in controversy exceeds this Court?s minimum jurisdictional requirements. Plaintiff seeks 7 ary relief over . . . . . $1,000,000.00, 1nclud1ng damages of any kmd, penaltles, costs, expensesg?judgment 1nterest, and attorney fees. 0 x% 0@ IV. FACTS 5. In August of 2014, Dr. Rios began employment yvx?l.atient Consultants of Texas, a Michigan Professional Limited Liability Company signing an Employment Agreement (?Employment Agreement?). Dr. Rios?s EmploymeggAgreement was subsequently amended on or about October 1, 2016 (?Amended Agreement?). Subsequently, both the Employment Agreement and Amended Er?yment Agreement were assigned to TeamHealth upon either the acquisition or merger @gmHealth and IPC. 6. During his employmet?ith IPC/TeamHealth, Dr. Rios worked at Baylor St. Luke?s Medical Center. On August 7, Dr. Rios was placed on Paid Administrative Leave pending an investigation into 0&an5 related to his patient care that were allegedly brought to TeamHealth?s atten@oby Baylor College of Medicine based on complaints received from medical staff rs at Baylor St. Luke? Medical Center. From the outset, Dr. Rios maintained that any issuQertaining to his patient care, or medical competency, should be evaluated through proper peer review procedures to ensure accurate investigation and due process afforded physicians when their competency as a physician is questioned. Despite these requests, TeamHealth ignored Dr. Rios? requests and continued its investigation, an investigation that Plaintiff ?5 Original Petition Page 2 continued for nearly six months, until TeamHealth presented Dr. Rios with an Education and Training Plan. Effective on Monday March 26, 2018, Dr. Rios was placed on unpaid administrative leave. Furthermore, if Dr. Rios refused to sign the document, he would be terminated from his position with TeamHealth for cause. V. CAUSE OF ACTION 1 Violations of Texas Medical Practice 7 ct \s 7. Dr. Rios repeats and re-alleges the facts and allegations set@ in the foregoing as paragraphs as if fully set forth herein. 0 8. By conducting its internal investigation into the pati?gre and medical competency of Dr. Rios, without following proper peer review channels, gfx?Health violated Dr. Rios? rights afforded under the Texas Medical Practices Act and as responsible for damages to Dr. Rios reputation and ability to practice medicine in the fux?ge. Such acts are a violation of the Texas Medical Practices Act, as the sham peer revi?r>as conducted by non-physicians and failed to adhere to safeguards required by law. VI. CAUSE 0.. 2 Breach of Contract 9. Dr. Rios repeats and @lleges the facts and allegations set forth in the foregoing paragraphs as if fully set 10. By placing KQios on unpaid leave, and subsequently terminating his position, TeamHealth is in br@oof its Employment Agreement with Dr. Rios. Specifically, TeamHealth has insuf?ciengse to terminate Dr. Rios. As a result of the breach by TeamHealth, Dr. Rios has suffered ages relating to lost wages, as well as consequential damages that will result from additional explanation and time in his attempt to obtain renewal of his medical license, future employment, and future credentialing at other facilities. Additionally, Dr. Rios was forced to obtain the services of an attorney. Furthermore, TeamHealth?s breach contract with Dr. Rios, Plaintiff ?5 Original Petition Page 3 prevents it from enforcing any remaining provisions of its contract. VII. Conditions Precedent 11. All conditions precedent to Plaintiff? claim for relief have been performed or have occurred. CONCLUSION AND PRAYER $3 12. Dr. Rios asks for Defendant to pay it damages for the money pai?r services described K9 above, that were not rendered, and the consequential damages that arog?lom Defendant? acts. K) 13. For the reasons set forth in this Original Petition $5 asks that the Court issue citation for Defendants to appear and answer, and that Dr 0@ be awarded a judgment against Defendant for the following: 65$ a. Actual damages, including damage&f@nental anguish even if an injury other than mental anguish is not shown. b. Exemplary damages. . . . c. Prejudgment and pos?@nent1nterest d. Court costs e. Reasonable fees f. All otherx to which Plaintiff is entitled. do 3% By: Jeremy D. Saenz Jeremy D. Saenz State Bar No. 24033028 saenz@ws-texaslaw. com Respectfully submitted, WAGNER L.L.P. Plaintiff ?5 Original Petition Page 4 1010 Lamar Street Suite 425 Houston, Texas 77002 Telephone: (713) 554-8450 Facsimile: (713) 554-8451 ATTORNEY FOR PLAINTIFF Tomas G. Rios, M.D. $6 Plaintiff ?5 Original Petition Page 5