Professional Documents
Culture Documents
Plaintiff,
COMPLAINT AND JURY DEMAND
v.
and
THOMAS FRANCIS
Serve: CLEVELAND SCENE
1468 West 9111 Street, Suite 805
Cleveland, Ohio 44115-0029
Defendants.
* * * * * * * * * * * * * * * **
Comes now the Plaintiff, Edward Patrick, M.D., PhD., by and through counsel,
1. That on or about October 27, 2004, Plaintiff, Edward Patrick, M.D., Ph.D.,
was a board certified emergency room physician practicing medicine in numerous states;
that Plaintiff further obtained his Ph.D. in Electrical Engineering from Purdue University
and a B.S. and M.S. in Electrical Engineering from the Massachusetts Institute of
Technology (MIT) and has also worked in the arena involving the role of electrical
engineering in medicine.
2. That on or about October 27,2004, the Cleveland Scene Inc. published a
newspaper, which was distributed throughout the State of Ohio, known as the "Cleveland
pertaining to the Plaintiff, Edward Patrick, M.D., Ph.D., entitled "Playing Doctor". A
5. That said article was, on its face, defamatory and libelous, containing
numerous false statements and implications regarding the Plaintiff. For example, the
headline under the caption of the article states, "lying on a resume isn't a crime - except
when a doctor does it. Luckilyfor Edward Patrick, the Ohio Medical Board is
forgiving."
6. That said statement implied that the Plaintiff, Edward Patrick, M.D.,
Ph.D., lied on a resume with regard to his qualifications and, further, that he was brought
before a disciplinary proceeding with the Ohio Medical (Licensing) Board. Said
7. That said article published by the Cleveland Scene, further implied that
Dr. Edward Patrick lacks the qualifications and certifications to work as an emergency
room physician and that, further, his board certification process was false and fraudulent
2
8. That said article implies that, because Dr. Patrick did not perform the same
Cincinnati, Ohio, he did not properly complete his residency program. However, the
route", one of three approved residency methods at the time Dr. Patrick graduated from
medical school, and the surgical residency, which required different qualifications. Thus,
the article further falsely refers to Dr. Patrick's residency in emergency medicine as a
9. That said article further implies that Dr. Patrick has been "faking medical
credentials."
10. That numerous other false statements of fact appear throughout the article,
11. That Defendants published the within article throughout the State of Ohio,
wantonly, recklessly and intentionally, with an intent to damage and injure the business
COUNT ONE
12. That Plaintiff reiterates and realleges each of the foregoing allegations of
13. The article published by the Cleveland Scene and the Defendant, Thomas
Francis, herein, on October 27, 2004, contains false information defaming the character
and integrity of the Plaintiff, and the Defendants further published and disseminated such
3
14. That as a direct and proximate result of Defendants' said conduct, the
Plaintiff has suffered damage to his business reputation, resulting in loss of employment
COUNT TWO
16. That Plaintiff reiterates and realleges each of the foregoing allegations of
information about the Plaintiff's private affairs with which the public has no concern and,
falsehood or reckless disregard of the truthfulness on the part of the said publishers.
publicizing private information about the Plaintiff of which the public had no concern,
the Plaintiff has further suffered an invasion of his privacy and consequential damages
resulting therefrom, including a loss of earning capacity and damage to his business
reputation.
COUNT THREE
19. That Plaintiff reiterates and realJeges each of the foregoing allegations of
20. That the Defendants' conduct constitutes the tort of defamation in that the
Defendants published a false and malicious publication against the Plaintiff, with an
4
intent to injure his reputation or to expose him to public hatred, contempt, ridicule, shame
21. That as a direct and proximate result of the Defendants' said conduct, the
Plaintiff has experienced a loss of earning capacity, damage to his business reputation,
ridicule, and shame in the medical community, requiring him to answer and respond to
false allegations, publicly and privately, and has further been caused to experience
WHEREFORE, the Plaintiff prays for judgment, jointly and severally, against the
Defendants as follows:
N. Je ey I enship 0029634)
Edward S. Monahan, Sr. (#0043784)
MONO HAN & BLANKENSHIP
771 I Ewing Blvd., Ste. 100
PO Box 157
Florence, Kentucky 41022-0157
(859) 283- 1140
(859) 283-5155 (Fax) .
Email: jeff@J9lattys.com
5
clevescene.com I News & Features 1Feature 1Playing Doctor 12004-10-27 Page lof3
Scene PAVILION
finished medical school and that he wanted to
abandon engineering for the emergency room.
Dr. Felix Canestri, the chief resident,
supervised residents when they performed
surgeries. Most did about 100 surgenes that
year. Yet Canestri doesn't remember ever
seeing Patrick at an operating table. "I can tell
,~!~::'lI:..
.~.~,..., .,' ';:~
•. "'"''''
Tel
you I'm 100 percent convinced he was not a
resident/ Canestri says.
r/~I?nb'~ "He was there," says Dr. Ed Matem, a resident
at the time, "but he was not in the program."
Kotz
To the med-school grad, however, residencies lilted lovers
are filled with high stress and sleeplessness, The Tribe is asking us 10 love a man In
wmgtJps
supervisors barking orders, and modest
paychecks quickly swallowed by student loans. Jarnrnlllg
Culture
It's a recipe for burnout. Studies show that Bruce Almi!lht}'
Kung-fu master kICks his way to the top
medical residents are often depressed, prone of our pop-culture pICks of the week
to substance abuse and suicide. Only the
Letters
strong -- and dedicated -- survive.
Style TIPS
Leiters published November 19, 2005
There may be some incentive to circumvent
this process. But faking medical credentials is
foolhardy -- nothing happens in American
http://www.clevescene.comlissuesI2004-10-27/news/feature.html 10/24/2005
· cievescene.com I News s: Features Il'eature [Playing Doctor I1UU4-1O-27 Page 3 of3
When he applied for an Ohio medical license in 1976, Patrick claimed to be a full
professor at the Indiana School of Medicine. It has record of him working only as
an unpaid volunteer.
From there, his resume gets weirder. On most he lists special emergency
medicine training under Heimlich from 1976-'78, but Heimlich disavows this
claim.
On his American Medical Association profile, Patrick claims that he spent 1976-
'78 as a resident at Cleveland's Deaconess Hospital. This is surely false; the
hospital never had a residency program.
1 2 3 4 NEXT
CONTACT US I ©2005 NEW TIMES All rights reserved. I PRIVACY POLICY I BUG REPORT I RSS
I:LIr:K "ERE
UISIT OUA On-llLA
PUBLICRTlons Like any fortress, the medical profession
protects itself from invaders by guiding all Prinl.~r friendly versron of
comers though a series of checkpoints. If trus story
Patrick fabricated his residencv, the natural
.!'r:D.al! Thomas FrancIs
question is how he made it through each
While it was no secret among hospital staff that Margolin had a low opinion of
Heimlich and had even less regard for Patrick, his signature was an enormous
favor to both. It allowed Heimlich's protege to get his Ohio medical license.
Before hiring a physician, a hospital checks the doctor's work record. At Jewish
Hospital, Mike Bowen nand led verification requests relating to residencies, and
he soon learned of Edward Patrick.
"In my business, if you see something time and time again, you start to
wonder," says Bowen. "It didn't take a rocket sctentist to figure out something
was amiss. What was this guy up to?"
Good question, but Bowen ignored it. Over the next several years, he received
requests from hospitals around the nation, asking about Patrick's credentials.
Bowen was aware that Patrick's claim to an emergency residency was false -- no
such program had ever existed at Jewish -- but he verified the residency
anyway.
"From my standpoint, I knew he was at Jewish for a year,· says Bowen. Yet he
admits he knew nothing about what Patrick was actually doing there, and he
never alerted hospitals that were considering hiring Patrick about this fact. "I'm
not a policeman," says Bowen. "That's not my job."
Patrick, it seems, seized this opportunity, applying for licenses in four states
during Bowen's tenure. Each time, Bowen verified his residency.
Bowen says he once mentioned Patrick's name "in passing" to someone from the
Ohio Medical Board, but doesn't remember whom. He assumes the board looked
into the matter. If those officials never found cause to yank Patrick's license,
that's good enough for him.
The first meeting between Patrick and Henry Heimlich has become a point of
contention -- especially over the last year. Since then, Patrick has more
forcefully asserted his role in inventing the Heimlich maneuver.
Heimlich, now 84 and stil1living in Cincinnati, has stated that he met Patrick at
Jewish Hospital in 1975 -- one year after Heimlich published the first article on
the maneuver. Through a spokesman, he says that "Dr. Patrick had no role in
the origin or development of the maneuver."
BACK 1 2 3 4 NEXT
CONTACT US I ©200S NEW TIMES All rIghts reserved. I PRIVACY POLICY I BUG REPORT I RSS
Scene cfevcsc8ne.::(}f/1
ARCHIVE SEARCH ,":
Feature
§] Playing Doctor (Page 3)
IHOME
Both doctors have histories of making
INEWS 8. FEATURES questionable claims, so it's hard to know whom
JLETTERS to believe. What is certain is that, by the end
JOINING of the 1970s, they were working in tandem to
ICULTURE make the Heimlich maneuver the first response
to choking. They were also marketing it as a
IMUSIC
rescue technique for drowning victims.
IFILM
INIGHT & DAY As Scene reported in August, Patrick claimed to
have saved a two-year-old girl in Lima. She
IBEST OF
had been submerged for 20 minutes, according
lCLASSIFIED
to his estimate. During the 20-minute ride to
IPERSONALS the hospital, CPR had failed to revive her. In a
IPROMOTIONS case report published in 1981, Patrick claimed
IWEB EXTRA to have saved her by using the Heimlich
IARCHIVE
maneuver.
If the Lima case is a fake, it leads to a host of o Send a letter to the editor
new questions about Patrick's work at Jewish
Hospital.
ra::> Send thiS story to a friend
Seene
At an American Red Cross Conference in 1976,
for instance, Patrick presented a case in which this W1IfJk IR News
he used the Heimlich maneuver to save a
PAVILION stroke victim from choking on pea soup. He News
never explained what he -- an engineering Kp9£l!i"g. tf!~ V9te.
Diebold says its voting machines are
professor -- was doing handling a stroke victim bulletproof Hackers say otherwise
at Jewish Hospital. Nor does he explain why
First Punch
the patient, who had no ability to swallow, was ~eJl!.!<'po k_Q:y.$3 de
·T~:),..
r
,~j:....'Tj:;
,tt (',.
being fed pea sou p by spoon rather than
Technology research must be stopped.
through tubes. says God.
name. Letters
Style TIPS
The Lima case looked suspicious to him, as did Letters published November 19. 2005
Patrick's Jewish Hospital residency. So in June
2002, he filed a complaint against Patrick with
the Ohio Medical Board.
The board is heralded as one of the nation's most stringent medical regulators,
.<. 'f~' Sceue filing more actions against doctors than the board of any other populous state.
~~Menu Peter Heimlich was immediately put in touch with executive director Tom Dilling.
:r~Guide "I thought, 'Okay, I've come to the right place,'" he says.
He had several long conference calls with Dilling and Mark Michael, an attorney
with the Ohio Attorney General's office.
Dilling never Questioned Peter Heimlich's doubts about the Lima case or the
Jewish Hospital residency. But according to Heimlich, Dilling said that "faking a
residency was no big deal." The board was more concerned with chasing doctors
who wrote illegal prescriptions.
"I was astonished," says Peter Heimlich.' "It seemed to me that the issue was
whether an untrained doctor had access to emergency rooms in seven states,
including Ohio. That was no big deal?"
In September 2002, Dilling cut off communication, failing to return e-mails and
letters. Two years later, Peter Heimlich still hasn't heard back.
Stili, the board can pull the license of any physician who publishes false
credentials. Given the glaring inconsistencies of Patrick's resume, it's amazing
that it passed board scrutiny. Attorney General Betty Montgomery and her
successor, Jim Petro, were also informed of Patrick's history, but neither
pursued a case against him.
Patrick's career is made all the more flammable due to the time that's elapsed
since his alleged Jewish residency. If it's bogus, and if Jewish Hospital has
nonetheless been verifying it all these years -- even after suspicions were raised
-- it may be liable for all that Patrick has done in 28 years of emergency-room
work.
"In the case of an emergency-room doctor, the hospital is vouching to the public
at large that it is staffed by people who are adequately trained, and we as
patients have to rely on that," says Michael Djordjevic, a malpractice attorney in
Akron. "What's at stake here is potentially life and death."
And that could present legal consequences for Jewish Hospital -- the expensive
kind.
BACK 1 2 3 4 NEXT
CONTACT US I ©20DS NEW TIMES All rights reserved. I PRIVACY POUCY I BUG REPORT I RSS
Scene cfct'CSCllnt.CiJll1
·~fP~'fi.~~
"4-"1; Today, the relationship stings of betrayal. Heimlich has undercut Patrick's daims
to inventing the maneuver and even denies Patrick had any effect on swaying
;fi~Rjtb~~ Koop's opinion.
Recent years have also been hard on the Heimlich legacy. He's been widely
denounced for his campaign to make the Heimlich maneuver the first response
to drowning. Most believe it's counterproductive and possibly fatal. He's also
campaigned for malariotherapy, contending that AIDS and perhaps cancer can
be cured by giving patients malaria. His attempts to conduct human
experiments have drawn condemnations from immunologists around the globe.
Unfazed, Heimlich will be giving a presentation at the Pan Africa AIDS
conference in Nashville this week. His appearance has caused several other
presenters to boycott the event.
Patrick has achieved neither. Heimlich may have helped him get an Ohio medical
license based on questionable credentials, but if that gave Patrick a head start,
it's been the bane of his career since. His resume makes it hard to get a good
faculty job in a hospital.
Most doctors in their 60s are either retired or settied comfortably into their last
years of practice. Patrick, now 67, was last seen working at Cape Fear Valley
Medical Center in Fayetteville, North Carolina. He left in August for unknown
reasons. Now living in northern Kentucky and navigating his third divorce, he is
looking for work.
BACK 1 2 3 4
CONTACT US I ©200S NEW TIMES All rights reserved. I PRIVACY POLICY I BUG REPORT I RSS
http://www.clevescene.comlissues/2004-10-27/newslfeature_4.htm] 10/24/2005
SUMMONS IN A CIVIL ACTION COURT OF COMMON PLEAS, CUYAHOGA COUNTY JUSTICE CENTER
CLEVELAND, OHIO 44113
CASE NO. SUMMONS NO.
CV05575805 D1 CM 7449152 Rule 4 (B) Ohio
Rules of Civil
Procedure
EDWARD PATRICK, M.D., PH.D. PLAINTIFP
VS SUMMONS
CLEVELAND SCENE PUBLISHING ETAL DEFENDANT
CLEVELAND SCENE PUBLISHING LLC You have been named defendant in a complaint
S/A: esc LAWYERS INCORPORATING (copy attached hereto) filed in Cuyahoga County
SERVICE (CORPORATION SERVICE Court of Common Pleas, Cuyaboga County Justice
COMPANY) Center, Cleveland, Ohio 44113, by the plaintiff
50 WEST BROAD STREET SUITE 1 named herein.
COLUMBUS OH 43215-0000
N. JEFFREY BLANKENSHIP Your answer must also be filed with the court
7711 EWING BLVD STE 100 within 3 days after service ofsaid answer on
plaintirrs attorney.
PO BOX 157
FLORENCE, KY 41022-0000 Jfyou fail to do so, judgment by default will be
rendered against you for the relief demanded in the
complaint.
MICHAEL J RUSSO
Do not contact judge. Judge's name is given for
attorney's reference only.
GERALD E. FUERST'
Clerk oflhe Court of Common Pleas
DATE
Oct 31, 2005
111111111111111111111111111111111111111111111
CMSNI30