PLAINTIFFS ORIGINAL PETITION

Case No. ______________

PLAINTIFF’S ORIGINAL PETITION

1. COMES NOW Plaintiff DANIEL WALKER- RICE, with this complaint against the Defendant UNIVERSAL HEALTH SERVICES, INC. Plaintiff action seeks to hold Defendant liable for medical malpractice where the Defendant forced the Plaintiff to take certain medication, which made Plaintiff develop Dyskinesia. Consequently, Plaintiff’s mother took him out of the Defendant’s facility, where Plaintiff had to undergo emergency medical attention.
2. Plaintiff therefore seeks damages and declaratory relief against the Defendant.

DISCOVERY

• Plaintiff respectfully requests Discovery in this case be conducted under Level Three (3) pursuant to Rule 190.1 of the Texas Rules of Civil Procedure.

PARTIES

• Plaintiff, DANIEL WALKER- RICE, is an individual, a resident of 2307 Stephens Grant Sugar Land, TX 77479-2244.
• Defendant, UNIVERSAL HEALTH SERVICES, INC of address Universal Corporate Center 367 South Gulph Road King Of Prussia, Pennsylvania 19406.

JURISDICITON AND VENUE

• This Court has jurisdiction over the Defendant because Defendant has conducted business and/ or committed torts in a manner to establish contacts necessary for the imposition of the jurisdiction of this Court. This Court has jurisdiction over the subject matter because the damages are within the jurisdictional limits of this court.
• LONG ARM JURISDICTION – The Texas Long-Arm Statute allows Texas courts to exercise jurisdiction over a nonresident defendant that “does business” in the state. Tex. Civ. Prac. & Rem. Code Ann. § 17.042 (Vernon 2008). A nonresident defendant’s minimum contacts must derive from purposeful availment: a nonresident defendant must have “purposefully availed” itself of the privileges and benefits of conducting business in the foreign jurisdiction to establish sufficient contacts with the forum to confer personal jurisdiction. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474-76, 105 S. Ct. 2174, 2183-84 (1985)); Xenos Yuen v. Fisher, 227 S.W.3d 193, 200 (Tex. App.–Houston [1st Dist.] 2007, no pet.). An act or acts “by which the defendant purposefully avails itself of the privilege of conducting activities” in Texas and “thus invok[es] the benefits and protections” of Texas law, constitutes sufficient contact with Texas to confer personal jurisdiction. Michiana Easy Livin’ Country, Inc. v. Holten, 168 S.W.3d 777, 784 (Tex. 2005) (quoting Hanson v. Denckla, 357 U.S. 235, 253, 78 S. Ct. 1228, 1240 (1958)). In the instant action, the Defendant’s principal office is at Universal Corporate Center 367 South Gulph Road King Of Prussia, Pennsylvania 19406. However, Defendant operates and does business in the State of Texas.
• Venue is proper in this Galveston County pursuant to Tex. Civ. Prac. Rem. Code § 15.002(a)(1) because the facts constituting the causes of action herein occurred in whole or in part in Galveston County, Texas.

FACTS

• Plaintiff asserts that the Defendant, committed billing fraud in the following way(s):
• On or about September 23, 2019, the Defendant billed Plaintiff even though
• On or about September 22, 2019, Plaintiff’s mother sought emergency medical appointment for Plaintiff with Dr. Torres, after the Defendant failed to acknowledge and/or treat Plaintiff’s deteriorating health. .   

CLAIMS FOR RELIEF

COUNT 1

Medical Fraud

1. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.

COUNT 3

Negligence

1. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.

COUNT 4

Intentional infliction of Emotional Distress

1. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.

COUNT 5

Declaratory Relief

1. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
2. There now exists, between the parties hereto, a dispute and controversy to which the Plaintiff and the Defendant are entitled to have a declaration of their rights and further relief relating to the facts and circumstances as set forth in this action.
3. Plaintiff respectfully request this Honorable Court issue a declaratory judgment declaring that the actions and/or inactions of the Defendant violates the rights of Plaintiff, and issue appropriate remedies thereof.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff is entitled to damages from the Defendant, and he hereby prays that judgment be entered in his favor and against the Defendant and the following relief be issued:

1. Declaratory relief;
2. Actual damages for the blameworthy conduct of the Defendant as alleged herein;
3. Punitive damages;
4. Interest as provided by law;
5. An award of fees and costs;
6. Such other relief as the Court deems just and proper.

Respectfully submitted:

Dated: __________

CERTIFICATE OF SERVICE

 I hereby certify on the ____________day of _______________, 2022, that a true and correct copy of the foregoing Complaint were served by placing a copy in the United States Postal Service, with postage prepaid, addressed upon the following:

SERVICE ON:

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