KENNETH A. TOTZ, D.O., FACEP, Appellant
TELICIA OWENS, Appellee
Appeal from the 152nd District Court Harris County, Texas
Trial Court Case No. 2012-07534
consists of Justices Jennings, Higley, and Massengale.
interlocutory appeal,  appellant, Kenneth A. Totz, D.O., FACEP,
challenges the trial court's order
denying his motion to dismiss the health care liability
claims made against him by appellee, Telicia
Owens, in her suit for negligence and gross negligence. In
his sole issue, Totz contends that the trial court erred in
denying his motion to dismiss Owens's claims on the
ground that she failed to timely serve him with a qualified
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" and was diagnosed
with a headache and sinitus. Again, no diagnostic testing was
performed. On February 21, 2010, Owens returned again to the
Emergency Department at Memorial Hermann, complaining of a
headache and blurry vision. Dr. Totz and another physician
treated her, and she was again diagnosed with a headache. No
diagnostic testing was performed.
on February 24, 2010, Owens went to Methodist Hospital
"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.
April 22, 2010, Owens went to "Ben Taub General Hospital
complaining of sudden blindness, which resulted in [the]
placement of a lumbar shunt." On May 14, 2010, she
returned to Ben Taub, "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."
further alleges that she sustained permanent damage to her
optic nerve and is completely blind in both of her eyes. She
also suffers from continuous 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.
brings health care liability claims against Dr. Totz for
negligence and gross negligence, specifically alleging that
• 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 ...