Owens v. Handyside

478 S.W.3d 172, 2015 Tex. App. LEXIS 10426, 2015 WL 5893464
CourtCourt of Appeals of Texas
DecidedOctober 8, 2015
DocketNO. 01-12-01108-CV
StatusPublished
Cited by35 cases

This text of 478 S.W.3d 172 (Owens v. Handyside) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Owens v. Handyside, 478 S.W.3d 172, 2015 Tex. App. LEXIS 10426, 2015 WL 5893464 (Tex. Ct. App. 2015).

Opinion

OPINION ON REHEARING

Terry Jennings, Justice

Appellees, Krista G. Handyside, M.D., Samuel J. Prater, M.D., Kenneth A. Totz, D.O., FACEP,1 and Memorial Hermann Hospital System, doing business as Memorial Hermann — Texas Medical Center (“Memorial Hermann”),2 have filed motions for rehearing and motions for en banc reconsideration of our April 23, 2015 opinion and judgment. We deny their motions for rehearing, withdraw our opinion and judgment of April 23, 2015, and issue the following opinion and a new judgment in their stead. Because we issue a new opinion in connection with the denial of rehearing, appellees’ motions for en banc reconsideration of our April 23, 2015 opinion are rendered moot. See, e.g., Brookshire Bros., Inc. v. Smith, 176 S.W.3d 30, 41 (Tex.App. — Houston [1st Dist.] 2005, pet. denied).

Appellant, Telicia Owens, challenges the trial court’s dismissal of her health care liability claims3 against Drs. Handyside, Prater, and Totz and Memorial Hermann. In three issues, Owens contends that the trial court erred in dismissing her claims on the grounds that she failed to timely serve her medical expert report on appel-lees, her medical expert is not qualified to opine on the standard of care of hospital emergency room doctors, and her report insufficiently addresses the issues of standard of care and causation.4

We reverse and remand.

Background

In her petition, Owens alleges that on February 6, 2010, she went to the “Emergency Department at Memorial Hermann,” complaining of a “severe headache.” She was diagnosed with a “migraine, tension headache, and headache associated with sinuses,” but “[n]o diagnostic testing was done to rule out any internal problems.” On February 10, 2010, Owens “returned to the Emergency Department at Memorial Hermann,” complaining of the “same persisting symptoms.” Dr. Handyside diagnosed her as suffering from a “headache and sinitus.” Again, no diagnostic testing was performed. On February 21, 2010, Owens “returned again to the [E]mergen-cy [Department at Memorial Hermann,” complaining of a “headache and blurry vi[176]*176sion.” Drs. Prater and Totz-treated her, and they diagnosed her. as suffering from a “headache.” No diagnostic testing was performed.

Subsequently) on February '24, 2010, Owens went to “Methodist Hospital [ (“Methodist”) ] for [an] assessment of the same symptoms that she complained of at Memorial Hermann.” Doctors administered a “CT scan,” which showed that she was suffering from a “head bleed.” Methodist admitted Owens into its “Intensive Care Unit,” and it. discharged her on March 3,2010.

On April 22, 2010, Owens went to “Ben Taub General Hospital [ (“Ben Táub”),] complaining of sudden blindness, which resulted in [the] placement of a lumbar shunt.” On May 14, 2010, she returned to Ben Táub, “complaining of sutures coming out, shunt leak [age], blurred vision, and [a] headache.” Ben Taub admitted Owens for evaluation and subsequently • discharged her/ On May 17, 2010, Owens again returned to Ben Taub, “complaining of [a] headache, chest pain, and neck stiffness.” Her shunt was-infected, and it was removed. Owens was “found to have been infected with MRSA — Methicillin Resistant Staphyloccus Aureus.”

Owens further alleges that she sustained “permanent damage to her optic nerve and is completely blind in both of her eyes. She has continuous subsequent damage and pain.” However, Owens does not specify in her petition' the medical cause or reason for her, loss of vision and residual “damage and pain.”

Owens brings health care liability claims against Drs. Handyside, Prater, and Totz for negligence and gross negligence, specifically alleging that they:

• Failed to obtain an accurate assessment of Owens;
• Failed to notice signs and symptoms of “Cerebral Venous Sinus Thrombosis” (“CVST”); .
• Failed to accurately and timely diagnose Owens;
• Failed to consider possible explanations and respond to severe headaches and blurry vision;
• Failed to-order appropriate radiological studies;
• Failed to,make a medical diagnosis based on Owens’s clinical condition;
• Failed to consult with a neurologist or' other specialist while Owens was . in the emergency department;
• Failed to develop and carry out a proper treatment plan for Owens;
• Failed to admit Owens to the “Neurological ICU”;
• Failed to order thrombolytic medication necessary to attempt to dissolve the thrombosis;
• Failed to adhere to “Federal Daws regarding EMÍTALA regarding em-ergently treating a patient regardless of [her] inability to pay”;
• Failed to order appropriate diagnostic tests and treatments even once CVST was suspected as a possible cause of Owens’s symptoms; and
• Negligently managed a patient with CVST.

. Owens likewise brings direct-liability claims for negligence and gross negligence against Memorial Hermann, specifically alleging that it:

• Failed to select and retain only competent physicians and staff;
• Failed to properly supervise the health care providers who treated . Owens;
• Failed to enforce or have in place policies, protocols, by-laws, rules and regulations regarding proper diagno[177]*177sis and treatment of Owens’s medical condition;
• Failed to enforce or have in place policies and protocols, with regard to consulting specialty physicians;
• Failed to have a medical director or chief of staff in place to properly supervise physicians and staff; and
• Failed to abide by recommendations and requirements of healthcare certifying organizations.

“As a result of the above-noted acts of negligence,” Owens asserts that appellees “directly and proximately caused” -her “injuries, losses, and damages.” She also alleges that Memorial Hermann is vicariously liable for the negligent “acts and/or omissions” of its staff, including, among others, Drs.' Handyside, Prater, and Totz.

To support her claims, Owens, on or about May 29, 2012, filed and served upon all appellees a medical expert report authored by Brian C. Richardson, M.D. Ap-pellees objected tó Dr. Richardson’s report on several grounds, including that Owens did not timely serve it; it failed to sufficiently address the elements of standard-of care, breach of the standard, and causation; and Richardson, a neurologist, is not qualified to opine on the standard of care of hospital emergency room doctors or causation.

Specifically, Dr. Totz filed his objection to the sufficiency of Dr. Richardson’s report on June 19, 2012, stating:

In support of [Owens’s] health care liability claim, and pursuant to Texas Civil Practice & Remedies Code § 74.351(a), [Owens] offered the report of Dr. Richardson. ...

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Cite This Page — Counsel Stack

Bluebook (online)
478 S.W.3d 172, 2015 Tex. App. LEXIS 10426, 2015 WL 5893464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-handyside-texapp-2015.