UNIVERSITY OF KENTUCKY College of Medicine

Byron Young MD Chairmans Office

Department of Surgery 800 Rose Street

March 18 1992 Lexington Kentucky 40536-0084 (606) 233-6013

233-6011 FAX (606) 258-1045

------~------~

(oPaul A Kearn~-Jv1D ~

--eivfsionotlleneral Surgery C-221 UKMC

00844

Dear Paul

As Departmental Chairman I not you will decide the resPQnsibilities of the personnel in the Chairmans Office The personnel in the Chairmans Office are not responsible for obtaining the equipment for you to present at Grand Rounds You are not to give instructions to the personnel in the Chairmans Office The responsibility for the presentation was yours and assigning this responsibility to you is fair and acceptable The personnel in my office are acting as I have instructed them

s impression is that you were rude offensive impolite arrogant and loud Your perception of the impression you made on is not the impression

has of the interchange You are wrong to be certain that I would have done the same I definitely would not have

Sincerely

~ Byron Young fIlD Johnston-Wright Chair of Surgery

An Equal Opportunity University

UNIVERSITY Division of Maternal-Fetal Medicine OF KENTUCKY

High Risk Obstetrics John A Read MD B~rry A CilmpbeU MD FrilnK C Miller MD DDugllS A Milligan MD (606) 257-2122

Fellow M Toid Fontenot MD (606) 257-2122

General OB-GYN Vell11lt1 V Taormina MD Elizabeth S Campbell MD John W Greene)r MD (606) 257-2122

Genetics Anjana L Pettigrew MD Winn Stahel MS (6J6) 257middot4128

Appointments (606) 257-2323

FAX (606) 323-1931

Chandler Medical Center Center for Womens Health Department of Obstetrics and Gynecology

800 Rose Street Room C371 Lexington Kentucky 40536-0084

Ju Iy 20 1995

MEMO JUL 21 1995

TO Byron Young MD Chairman Department of Surgery

FROM Douglas A Milligan MD ()(IfI Department of Obstetrics and Gynecology tJ1

RE MR Date of Admission

The purpose of this memo is to express concerns over the actions and statements made by one of your surgeons Dr Paul Kearney concerning the above patient Briefly was involved in an automobile accident on the evening of her admission She sustained llluitiple injuries including a traumatic leading to the demise of her 20 week pregnancy Consequently ollr service was consulted and we proceeded with an induction and delivery of this intrauterine fetal demise

After this delivelY Dr Kearney had some concerns over the timeliness ofthe induction personally discussed these concerns with him on two different occasions and assured Dr Kearney that J concurred the decision of the in house attending and that the obstetric care in this case was excellent

Despite these discussions Dr Kearney proceeded to anl10unce on patient rounds thaI the patients deterioration was due to 08 not delivering the patient early enough and because the OB attending was too lazy to get up in the middle of the night These statements have been personally conveyed to me by staffand medical personnel present Oil these rounds

I have several concerns about these statements First of all I dont believe them to be accurate TIle patients deterioration coincided with the onset of from a source present and apparent on admission An OB attending was involved from the very beginning of our evaluation of this patient and was in the hospital the entire night More importantly J find the public proclamation of these opinions to be very unprofessional Statements such as these detract from the patients care as they place the foclls on finger pointing rather than medical issues This behavior also undermines interdepartmental cooperation as well as presenting a poor standard for residents to emulate Lastly actions such as these by Dr Kearney increase the medical liability risk for every physician in the hospital

CONFIDENTIAL TO WHOM IT MAY CONCERN

THIS IS TO INFORM YOU OF THE INAPPROPRTATE SPEECH AND BEHAVIOR TO WHICH I WAS SUBJECTED DURING THE PERFORMANCE OF MY DUTIES IN OPERATING ROOM 6 ON FRIDAY AUGUST 182000 PARTICIPANTS IN THE INAPPROPRIATE CONVERSATION WERE DR PAUL KEARNEY DR FRANCIS MCDONNELL AND TO A LESSER DEGREE DR TOM MCLARNEY AND DR DAVID SACCO OTHERS PRESENT IN THE ROOM WHO WITNESSED ALL OR PART OF THIS BEHAVIOR WERE DR JOSH STEINER JASON TINKER ACROMED SALES REP AND DR PHILLIP TIBBS WAS NOT A WITNESS AS THEIR BEHAVIOR WAS CURTAILED IN HIS PRESENCE ALL OF THOSE INVOLVED WERE AWARE OF MY ATTITUDE TOWARD PROFANITY AND THIS TYPE OF BEHAVIOR

I HAVE BEEN A NURSE FOR TWENTY-FIVE YEARS AND AM WELL AWARE THAT THERE ARE HIGH STRESS SITUATIONS WHICH WILL CAUSE MANY PEOPLE TO REVERT TO PROFANITY DURING SOME SITUATIONS HOWEVER THTS WAS NOT AN EMERGENCY OR AN UNUSUALLY HIGH STRESS CASE AND THE OFFENSIVE LANGUAGE WAS USED CASUALLY NOT ONLY WERE THERE REPEATED PROFANITIES AND VULGARITIES BUT ALSO INAPPROPRIATE JOKES ONE JOKE CONTAINING THE WORD IDAHO WAS INTENDED TO RTDICULE AFRICAN AMERTCANS AND WOMEN COMMENTS INCLUDED DREOGATORY REMARKS ABOUT GAYS AND CHRISTIANS ALSO THE KOOKS IN WILMORE REFERRED TO THE CHRTSTIANS IN THAT COMMUNITY DR KEARNEY TOLD OF AN INCIDENT WHEN HE WAS REQUESTING ASSISTANCE FROM A NURSE DURING A PROCEDURE AND SHE WAS OFFENDED BY HIS CRUDE TERMINOLOGY THIS STORY AND MANY OTHERS WERE TOLD FOR THE EXPRESS PURPOSE OF THEIR AMUSEMENT AT THE EXPENSE OF OTHERS EACH COMMENT OR JOKE SEEMED TO ESCALATE THE CONVERSATION UNTIL THE OFFENSIVENESS BECAME SO INTENSE THAT IT INHIBITED MY ABILfTY TO CONCENTRATE ON GIVING THE BEST POSSIBLE CARE TO THE PATIENT

AT THE END OF THE CASE AFTER HAVING RTDICULED ONE OF MY CO-WORKERS WHO WAS NOT PRESENT DR KEARNEY REPORTED TO HER THAT EVERYONE IN ROOM 6 WAS LAUGHING AT HER HE DID THIS DELIBERATLY KNOWING THAT IT WOULD CAUSE CONFLICT BETWEN HER AND NURSING STAFF IN OR 6

THERE IS A CERTAIN AMOUNT OF STRESS IN OUR WORK ENVIRONMENT WHICH WE CANNOT CONTROL I FEEL THAT WE ALL SHOULD TRY TO ALLEVIATE ANYTHING WHICH CAUSES UNECESSARY STRESS THAT DETRACTS FROM THE CARE OF OUR PATIENTS

RESPECTFULLY

CONFlDENTI~L

On Friday August 18 2000 and I were requested

to scrub and circulate a case for Dr Phillip Tibbs Those present

in Room 6 were the patient Dr Tibbs Dr David Sacco Dr Frank

McDonnell Dr Paul Kearney Dr J Steiner Dr Tom McClarney

and Jason Tinker the sales rep for Acromed was

present util330 pm

The surgeJy went well the patient did fine Dr Kearney and Dr

Steiner opened the patient for neuro then DrTibbs and Dr Sacco

did the operation the Then we were ready

to close the patient I beeped Dr Steiner and Dr Kearney Dr

Tibbs left after Dr Steiner arrived

During closure those present were Dr McDonnell and

DrMclareny for anesthesia Dr Kearney Dr Sacco and Dr

Steiner and myself Jason Tinker stayed awhile for the

closure but left early due to language gestures and jokes so

stated by him

Dr Kearney and McDonnell were talking Dr Kearney and I were

seated on chairs Dr Kearney stated I have something for you

Frank Then Dr Kearney grabbed his own genitals and shook

them at Dr McDonnell Then Dr Kearney looked at me and

stated I didnt mean for you to see that Dr McDonnell

stated have something for you too Kearney but made no

gestures I have never been so humilated or ashamed in my Hfe or

been shown such disrespect This did not happen until after Dr

Tibbs had left the room

After this there were continual jokes about Blacks Hispanics

women and Gays They were very disrespectful about Christians

They talked about those kooks that live at Wilmore and that

Marla another nurse lives there too The language was filthy I

have never heard the F--- word used so much Then Dr Kearney

told a story about a boy with Crohns disease

I had had more than I could stand I went and checked there were

only two rooms running I called and asked June if someone could

relieve me Then I made the statement that June could not relieve

me This set Dr Kearney off again making degrading remarks

about June

After the case was completed I talked with June Dr Kearney had

left earlier and went out and told June that we were back there

talking jokmg and laughing about her Dr Kearney was trying to

instigate trouble I explained to June that if she was mad at

someone it should be Dr KearneyThat we and I had

not said anything disrespectful about her

August 212000

CONFIDENTIAL lt

tIp 01 t4-h~ll+- 1Lv11A-- ~ J-bdD j) TitoMIf-S SCJ1WtCCl

cA-5k T Lvclo blte- OvL 0+ ---he Nuv0~ IV -IN

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b2- do rJ ~ ~ -e r ~ o~ 1-1e

__ A-lw ARt fampA+- t_-6oprt-llr fQ~c-+ +h~ pfkltr vI-1e

_~ bL 1tJ +ktt-+ rOf)m (JlrJ~Jwt~c t- f-rw()poundt-vY1------shy~ _______J_~_(clmiddotlkmiddottLlVI-j1-_+0-1J-J~~J_w~amplI_~_It=yenLpound-k_t- _J~~f__

___ rn tJ( gJ_~ec+ be --CAb 12M 5 11) Je v-arnJ-shyL___middot Jwoc-k e-lhlts)~________~_________

- -- ----~-

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_~~ L w f~ amp t_____ ~ ~t(l 1lt-1-4 r- e 4- ~ ltLf-1~r rl-CdC-- ( ~c It f j-e1t ~ + ff 11([ wtos-ql(r-~rkL _

-kkht 1 e-J( plJ+llftO - Pr bk(AJA-c~-fkft-+_ kerIhlaquo-sect_~_ ___

OIJ JJllt +tf~ of- ILkJltL +h-5 lt-vA-=gt it-J +A~ Jj-lfwJi~~~_

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T I i 0 1 j vJ A pI -tIll -I r w f) Ii d I [hl 6 Il ~ I tf i t tf

+1 ( S(~(tcltl j~M H ie lioj ~hl- eq5e

tJt0 Ja1 IIY- f+-irlvAc -PJr -_---

u _ bullbullbull__SP rYJr - J~Ih5 fftke ~__b_J~l__~ tQ -ai1 (fJ Igtf (It Js

fA r ~UJ t C~ i tvJh5 I i cclaquo [1+ AI y NY (f( bullL

I yDjr-i trJp w e~ ( f ~ ~

Svrapfp(j f~JJIrfJM ((+fV1leiJ~ frefFl rt1I ( -tDe thf

_ ~ ___ ------S~~plusmn~--tQpoundplusmngt_ods -Jf~U-ffQQ rlru (l_L_ ~ -__

UNIVERSITY Division of Maternal-Fetal Medicine OF KENTUCKY

High Risk Obstetrics John A Read MD B~rry A CilmpbeU MD FrilnK C Miller MD DDugllS A Milligan MD (606) 257-2122

Fellow M Toid Fontenot MD (606) 257-2122

General OB-GYN Vell11lt1 V Taormina MD Elizabeth S Campbell MD John W Greene)r MD (606) 257-2122

Genetics Anjana L Pettigrew MD Winn Stahel MS (6J6) 257middot4128

Appointments (606) 257-2323

FAX (606) 323-1931

Chandler Medical Center Center for Womens Health Department of Obstetrics and Gynecology

800 Rose Street Room C371 Lexington Kentucky 40536-0084

Ju Iy 20 1995

MEMO JUL 21 1995

TO Byron Young MD Chairman Department of Surgery

FROM Douglas A Milligan MD ()(IfI Department of Obstetrics and Gynecology tJ1

RE MR Date of Admission

The purpose of this memo is to express concerns over the actions and statements made by one of your surgeons Dr Paul Kearney concerning the above patient Briefly was involved in an automobile accident on the evening of her admission She sustained llluitiple injuries including a traumatic leading to the demise of her 20 week pregnancy Consequently ollr service was consulted and we proceeded with an induction and delivery of this intrauterine fetal demise

After this delivelY Dr Kearney had some concerns over the timeliness ofthe induction personally discussed these concerns with him on two different occasions and assured Dr Kearney that J concurred the decision of the in house attending and that the obstetric care in this case was excellent

Despite these discussions Dr Kearney proceeded to anl10unce on patient rounds thaI the patients deterioration was due to 08 not delivering the patient early enough and because the OB attending was too lazy to get up in the middle of the night These statements have been personally conveyed to me by staffand medical personnel present Oil these rounds

I have several concerns about these statements First of all I dont believe them to be accurate TIle patients deterioration coincided with the onset of from a source present and apparent on admission An OB attending was involved from the very beginning of our evaluation of this patient and was in the hospital the entire night More importantly J find the public proclamation of these opinions to be very unprofessional Statements such as these detract from the patients care as they place the foclls on finger pointing rather than medical issues This behavior also undermines interdepartmental cooperation as well as presenting a poor standard for residents to emulate Lastly actions such as these by Dr Kearney increase the medical liability risk for every physician in the hospital

CONFIDENTIAL TO WHOM IT MAY CONCERN

THIS IS TO INFORM YOU OF THE INAPPROPRTATE SPEECH AND BEHAVIOR TO WHICH I WAS SUBJECTED DURING THE PERFORMANCE OF MY DUTIES IN OPERATING ROOM 6 ON FRIDAY AUGUST 182000 PARTICIPANTS IN THE INAPPROPRIATE CONVERSATION WERE DR PAUL KEARNEY DR FRANCIS MCDONNELL AND TO A LESSER DEGREE DR TOM MCLARNEY AND DR DAVID SACCO OTHERS PRESENT IN THE ROOM WHO WITNESSED ALL OR PART OF THIS BEHAVIOR WERE DR JOSH STEINER JASON TINKER ACROMED SALES REP AND DR PHILLIP TIBBS WAS NOT A WITNESS AS THEIR BEHAVIOR WAS CURTAILED IN HIS PRESENCE ALL OF THOSE INVOLVED WERE AWARE OF MY ATTITUDE TOWARD PROFANITY AND THIS TYPE OF BEHAVIOR

I HAVE BEEN A NURSE FOR TWENTY-FIVE YEARS AND AM WELL AWARE THAT THERE ARE HIGH STRESS SITUATIONS WHICH WILL CAUSE MANY PEOPLE TO REVERT TO PROFANITY DURING SOME SITUATIONS HOWEVER THTS WAS NOT AN EMERGENCY OR AN UNUSUALLY HIGH STRESS CASE AND THE OFFENSIVE LANGUAGE WAS USED CASUALLY NOT ONLY WERE THERE REPEATED PROFANITIES AND VULGARITIES BUT ALSO INAPPROPRIATE JOKES ONE JOKE CONTAINING THE WORD IDAHO WAS INTENDED TO RTDICULE AFRICAN AMERTCANS AND WOMEN COMMENTS INCLUDED DREOGATORY REMARKS ABOUT GAYS AND CHRISTIANS ALSO THE KOOKS IN WILMORE REFERRED TO THE CHRTSTIANS IN THAT COMMUNITY DR KEARNEY TOLD OF AN INCIDENT WHEN HE WAS REQUESTING ASSISTANCE FROM A NURSE DURING A PROCEDURE AND SHE WAS OFFENDED BY HIS CRUDE TERMINOLOGY THIS STORY AND MANY OTHERS WERE TOLD FOR THE EXPRESS PURPOSE OF THEIR AMUSEMENT AT THE EXPENSE OF OTHERS EACH COMMENT OR JOKE SEEMED TO ESCALATE THE CONVERSATION UNTIL THE OFFENSIVENESS BECAME SO INTENSE THAT IT INHIBITED MY ABILfTY TO CONCENTRATE ON GIVING THE BEST POSSIBLE CARE TO THE PATIENT

AT THE END OF THE CASE AFTER HAVING RTDICULED ONE OF MY CO-WORKERS WHO WAS NOT PRESENT DR KEARNEY REPORTED TO HER THAT EVERYONE IN ROOM 6 WAS LAUGHING AT HER HE DID THIS DELIBERATLY KNOWING THAT IT WOULD CAUSE CONFLICT BETWEN HER AND NURSING STAFF IN OR 6

THERE IS A CERTAIN AMOUNT OF STRESS IN OUR WORK ENVIRONMENT WHICH WE CANNOT CONTROL I FEEL THAT WE ALL SHOULD TRY TO ALLEVIATE ANYTHING WHICH CAUSES UNECESSARY STRESS THAT DETRACTS FROM THE CARE OF OUR PATIENTS

RESPECTFULLY

CONFlDENTI~L

On Friday August 18 2000 and I were requested

to scrub and circulate a case for Dr Phillip Tibbs Those present

in Room 6 were the patient Dr Tibbs Dr David Sacco Dr Frank

McDonnell Dr Paul Kearney Dr J Steiner Dr Tom McClarney

and Jason Tinker the sales rep for Acromed was

present util330 pm

The surgeJy went well the patient did fine Dr Kearney and Dr

Steiner opened the patient for neuro then DrTibbs and Dr Sacco

did the operation the Then we were ready

to close the patient I beeped Dr Steiner and Dr Kearney Dr

Tibbs left after Dr Steiner arrived

During closure those present were Dr McDonnell and

DrMclareny for anesthesia Dr Kearney Dr Sacco and Dr

Steiner and myself Jason Tinker stayed awhile for the

closure but left early due to language gestures and jokes so

stated by him

Dr Kearney and McDonnell were talking Dr Kearney and I were

seated on chairs Dr Kearney stated I have something for you

Frank Then Dr Kearney grabbed his own genitals and shook

them at Dr McDonnell Then Dr Kearney looked at me and

stated I didnt mean for you to see that Dr McDonnell

stated have something for you too Kearney but made no

gestures I have never been so humilated or ashamed in my Hfe or

been shown such disrespect This did not happen until after Dr

Tibbs had left the room

After this there were continual jokes about Blacks Hispanics

women and Gays They were very disrespectful about Christians

They talked about those kooks that live at Wilmore and that

Marla another nurse lives there too The language was filthy I

have never heard the F--- word used so much Then Dr Kearney

told a story about a boy with Crohns disease

I had had more than I could stand I went and checked there were

only two rooms running I called and asked June if someone could

relieve me Then I made the statement that June could not relieve

me This set Dr Kearney off again making degrading remarks

about June

After the case was completed I talked with June Dr Kearney had

left earlier and went out and told June that we were back there

talking jokmg and laughing about her Dr Kearney was trying to

instigate trouble I explained to June that if she was mad at

someone it should be Dr KearneyThat we and I had

not said anything disrespectful about her

August 212000

CONFIDENTIAL lt

tIp 01 t4-h~ll+- 1Lv11A-- ~ J-bdD j) TitoMIf-S SCJ1WtCCl

cA-5k T Lvclo blte- OvL 0+ ---he Nuv0~ IV -IN

Ioom +e r f 5(u1 ll()v~-dtlt~ -Nurf w~ r0rr-rfo

b2- do rJ ~ ~ -e r ~ o~ 1-1e

__ A-lw ARt fampA+- t_-6oprt-llr fQ~c-+ +h~ pfkltr vI-1e

_~ bL 1tJ +ktt-+ rOf)m (JlrJ~Jwt~c t- f-rw()poundt-vY1------shy~ _______J_~_(clmiddotlkmiddottLlVI-j1-_+0-1J-J~~J_w~amplI_~_It=yenLpound-k_t- _J~~f__

___ rn tJ( gJ_~ec+ be --CAb 12M 5 11) Je v-arnJ-shyL___middot Jwoc-k e-lhlts)~________~_________

- -- ----~-

- 4 +~ltL 4- tt~J ~ tJi f ht Sl- t-bv $ ~-fPrI2rulVv~~ +ltE1t3______

_~~ L w f~ amp t_____ ~ ~t(l 1lt-1-4 r- e 4- ~ ltLf-1~r rl-CdC-- ( ~c It f j-e1t ~ + ff 11([ wtos-ql(r-~rkL _

-kkht 1 e-J( plJ+llftO - Pr bk(AJA-c~-fkft-+_ kerIhlaquo-sect_~_ ___

OIJ JJllt +tf~ of- ILkJltL +h-5 lt-vA-=gt it-J +A~ Jj-lfwJi~~~_

r-gtQvImiddotC~tV~lttCfV c$Iv +Itll (q6e IJr~ v

+It- tv~u1 C$l(VQ r JQmiddotnJ~lt coon JJampt1+orj A-flc

flt-Vi+klt2 14ofv1 tJlulcs Icl1 (IYt(5f) ~ CuJb ~+fi ~ b~5+ -1gt__

1Pl)(d~ lt-4-I~ -tor lfe(A-$~ I-f -J-h~ q~tJ I A I f C r i U f ~ f1 If) e v1 rf- -I- Ae f () r -lt 1 1

T I i 0 1 j vJ A pI -tIll -I r w f) Ii d I [hl 6 Il ~ I tf i t tf

+1 ( S(~(tcltl j~M H ie lioj ~hl- eq5e

tJt0 Ja1 IIY- f+-irlvAc -PJr -_---

u _ bullbullbull__SP rYJr - J~Ih5 fftke ~__b_J~l__~ tQ -ai1 (fJ Igtf (It Js

fA r ~UJ t C~ i tvJh5 I i cclaquo [1+ AI y NY (f( bullL

I yDjr-i trJp w e~ ( f ~ ~

Svrapfp(j f~JJIrfJM ((+fV1leiJ~ frefFl rt1I ( -tDe thf

_ ~ ___ ------S~~plusmn~--tQpoundplusmngt_ods -Jf~U-ffQQ rlru (l_L_ ~ -__

CONFIDENTIAL TO WHOM IT MAY CONCERN

THIS IS TO INFORM YOU OF THE INAPPROPRTATE SPEECH AND BEHAVIOR TO WHICH I WAS SUBJECTED DURING THE PERFORMANCE OF MY DUTIES IN OPERATING ROOM 6 ON FRIDAY AUGUST 182000 PARTICIPANTS IN THE INAPPROPRIATE CONVERSATION WERE DR PAUL KEARNEY DR FRANCIS MCDONNELL AND TO A LESSER DEGREE DR TOM MCLARNEY AND DR DAVID SACCO OTHERS PRESENT IN THE ROOM WHO WITNESSED ALL OR PART OF THIS BEHAVIOR WERE DR JOSH STEINER JASON TINKER ACROMED SALES REP AND DR PHILLIP TIBBS WAS NOT A WITNESS AS THEIR BEHAVIOR WAS CURTAILED IN HIS PRESENCE ALL OF THOSE INVOLVED WERE AWARE OF MY ATTITUDE TOWARD PROFANITY AND THIS TYPE OF BEHAVIOR

I HAVE BEEN A NURSE FOR TWENTY-FIVE YEARS AND AM WELL AWARE THAT THERE ARE HIGH STRESS SITUATIONS WHICH WILL CAUSE MANY PEOPLE TO REVERT TO PROFANITY DURING SOME SITUATIONS HOWEVER THTS WAS NOT AN EMERGENCY OR AN UNUSUALLY HIGH STRESS CASE AND THE OFFENSIVE LANGUAGE WAS USED CASUALLY NOT ONLY WERE THERE REPEATED PROFANITIES AND VULGARITIES BUT ALSO INAPPROPRIATE JOKES ONE JOKE CONTAINING THE WORD IDAHO WAS INTENDED TO RTDICULE AFRICAN AMERTCANS AND WOMEN COMMENTS INCLUDED DREOGATORY REMARKS ABOUT GAYS AND CHRISTIANS ALSO THE KOOKS IN WILMORE REFERRED TO THE CHRTSTIANS IN THAT COMMUNITY DR KEARNEY TOLD OF AN INCIDENT WHEN HE WAS REQUESTING ASSISTANCE FROM A NURSE DURING A PROCEDURE AND SHE WAS OFFENDED BY HIS CRUDE TERMINOLOGY THIS STORY AND MANY OTHERS WERE TOLD FOR THE EXPRESS PURPOSE OF THEIR AMUSEMENT AT THE EXPENSE OF OTHERS EACH COMMENT OR JOKE SEEMED TO ESCALATE THE CONVERSATION UNTIL THE OFFENSIVENESS BECAME SO INTENSE THAT IT INHIBITED MY ABILfTY TO CONCENTRATE ON GIVING THE BEST POSSIBLE CARE TO THE PATIENT

AT THE END OF THE CASE AFTER HAVING RTDICULED ONE OF MY CO-WORKERS WHO WAS NOT PRESENT DR KEARNEY REPORTED TO HER THAT EVERYONE IN ROOM 6 WAS LAUGHING AT HER HE DID THIS DELIBERATLY KNOWING THAT IT WOULD CAUSE CONFLICT BETWEN HER AND NURSING STAFF IN OR 6

THERE IS A CERTAIN AMOUNT OF STRESS IN OUR WORK ENVIRONMENT WHICH WE CANNOT CONTROL I FEEL THAT WE ALL SHOULD TRY TO ALLEVIATE ANYTHING WHICH CAUSES UNECESSARY STRESS THAT DETRACTS FROM THE CARE OF OUR PATIENTS

RESPECTFULLY

CONFlDENTI~L

On Friday August 18 2000 and I were requested

to scrub and circulate a case for Dr Phillip Tibbs Those present

in Room 6 were the patient Dr Tibbs Dr David Sacco Dr Frank

McDonnell Dr Paul Kearney Dr J Steiner Dr Tom McClarney

and Jason Tinker the sales rep for Acromed was

present util330 pm

The surgeJy went well the patient did fine Dr Kearney and Dr

Steiner opened the patient for neuro then DrTibbs and Dr Sacco

did the operation the Then we were ready

to close the patient I beeped Dr Steiner and Dr Kearney Dr

Tibbs left after Dr Steiner arrived

During closure those present were Dr McDonnell and

DrMclareny for anesthesia Dr Kearney Dr Sacco and Dr

Steiner and myself Jason Tinker stayed awhile for the

closure but left early due to language gestures and jokes so

stated by him

Dr Kearney and McDonnell were talking Dr Kearney and I were

seated on chairs Dr Kearney stated I have something for you

Frank Then Dr Kearney grabbed his own genitals and shook

them at Dr McDonnell Then Dr Kearney looked at me and

stated I didnt mean for you to see that Dr McDonnell

stated have something for you too Kearney but made no

gestures I have never been so humilated or ashamed in my Hfe or

been shown such disrespect This did not happen until after Dr

Tibbs had left the room

After this there were continual jokes about Blacks Hispanics

women and Gays They were very disrespectful about Christians

They talked about those kooks that live at Wilmore and that

Marla another nurse lives there too The language was filthy I

have never heard the F--- word used so much Then Dr Kearney

told a story about a boy with Crohns disease

I had had more than I could stand I went and checked there were

only two rooms running I called and asked June if someone could

relieve me Then I made the statement that June could not relieve

me This set Dr Kearney off again making degrading remarks

about June

After the case was completed I talked with June Dr Kearney had

left earlier and went out and told June that we were back there

talking jokmg and laughing about her Dr Kearney was trying to

instigate trouble I explained to June that if she was mad at

someone it should be Dr KearneyThat we and I had

not said anything disrespectful about her

August 212000

CONFIDENTIAL lt

tIp 01 t4-h~ll+- 1Lv11A-- ~ J-bdD j) TitoMIf-S SCJ1WtCCl

cA-5k T Lvclo blte- OvL 0+ ---he Nuv0~ IV -IN

Ioom +e r f 5(u1 ll()v~-dtlt~ -Nurf w~ r0rr-rfo

b2- do rJ ~ ~ -e r ~ o~ 1-1e

__ A-lw ARt fampA+- t_-6oprt-llr fQ~c-+ +h~ pfkltr vI-1e

_~ bL 1tJ +ktt-+ rOf)m (JlrJ~Jwt~c t- f-rw()poundt-vY1------shy~ _______J_~_(clmiddotlkmiddottLlVI-j1-_+0-1J-J~~J_w~amplI_~_It=yenLpound-k_t- _J~~f__

___ rn tJ( gJ_~ec+ be --CAb 12M 5 11) Je v-arnJ-shyL___middot Jwoc-k e-lhlts)~________~_________

- -- ----~-

- 4 +~ltL 4- tt~J ~ tJi f ht Sl- t-bv $ ~-fPrI2rulVv~~ +ltE1t3______

_~~ L w f~ amp t_____ ~ ~t(l 1lt-1-4 r- e 4- ~ ltLf-1~r rl-CdC-- ( ~c It f j-e1t ~ + ff 11([ wtos-ql(r-~rkL _

-kkht 1 e-J( plJ+llftO - Pr bk(AJA-c~-fkft-+_ kerIhlaquo-sect_~_ ___

OIJ JJllt +tf~ of- ILkJltL +h-5 lt-vA-=gt it-J +A~ Jj-lfwJi~~~_

r-gtQvImiddotC~tV~lttCfV c$Iv +Itll (q6e IJr~ v

+It- tv~u1 C$l(VQ r JQmiddotnJ~lt coon JJampt1+orj A-flc

flt-Vi+klt2 14ofv1 tJlulcs Icl1 (IYt(5f) ~ CuJb ~+fi ~ b~5+ -1gt__

1Pl)(d~ lt-4-I~ -tor lfe(A-$~ I-f -J-h~ q~tJ I A I f C r i U f ~ f1 If) e v1 rf- -I- Ae f () r -lt 1 1

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+1 ( S(~(tcltl j~M H ie lioj ~hl- eq5e

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u _ bullbullbull__SP rYJr - J~Ih5 fftke ~__b_J~l__~ tQ -ai1 (fJ Igtf (It Js

fA r ~UJ t C~ i tvJh5 I i cclaquo [1+ AI y NY (f( bullL

I yDjr-i trJp w e~ ( f ~ ~

Svrapfp(j f~JJIrfJM ((+fV1leiJ~ frefFl rt1I ( -tDe thf

_ ~ ___ ------S~~plusmn~--tQpoundplusmngt_ods -Jf~U-ffQQ rlru (l_L_ ~ -__

CONFlDENTI~L

On Friday August 18 2000 and I were requested

to scrub and circulate a case for Dr Phillip Tibbs Those present

in Room 6 were the patient Dr Tibbs Dr David Sacco Dr Frank

McDonnell Dr Paul Kearney Dr J Steiner Dr Tom McClarney

and Jason Tinker the sales rep for Acromed was

present util330 pm

The surgeJy went well the patient did fine Dr Kearney and Dr

Steiner opened the patient for neuro then DrTibbs and Dr Sacco

did the operation the Then we were ready

to close the patient I beeped Dr Steiner and Dr Kearney Dr

Tibbs left after Dr Steiner arrived

During closure those present were Dr McDonnell and

DrMclareny for anesthesia Dr Kearney Dr Sacco and Dr

Steiner and myself Jason Tinker stayed awhile for the

closure but left early due to language gestures and jokes so

stated by him

Dr Kearney and McDonnell were talking Dr Kearney and I were

seated on chairs Dr Kearney stated I have something for you

Frank Then Dr Kearney grabbed his own genitals and shook

them at Dr McDonnell Then Dr Kearney looked at me and

stated I didnt mean for you to see that Dr McDonnell

stated have something for you too Kearney but made no

gestures I have never been so humilated or ashamed in my Hfe or

been shown such disrespect This did not happen until after Dr

Tibbs had left the room

After this there were continual jokes about Blacks Hispanics

women and Gays They were very disrespectful about Christians

They talked about those kooks that live at Wilmore and that

Marla another nurse lives there too The language was filthy I

have never heard the F--- word used so much Then Dr Kearney

told a story about a boy with Crohns disease

I had had more than I could stand I went and checked there were

only two rooms running I called and asked June if someone could

relieve me Then I made the statement that June could not relieve

me This set Dr Kearney off again making degrading remarks

about June

After the case was completed I talked with June Dr Kearney had

left earlier and went out and told June that we were back there

talking jokmg and laughing about her Dr Kearney was trying to

instigate trouble I explained to June that if she was mad at

someone it should be Dr KearneyThat we and I had

not said anything disrespectful about her

August 212000

CONFIDENTIAL lt

tIp 01 t4-h~ll+- 1Lv11A-- ~ J-bdD j) TitoMIf-S SCJ1WtCCl

cA-5k T Lvclo blte- OvL 0+ ---he Nuv0~ IV -IN

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b2- do rJ ~ ~ -e r ~ o~ 1-1e

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flt-Vi+klt2 14ofv1 tJlulcs Icl1 (IYt(5f) ~ CuJb ~+fi ~ b~5+ -1gt__

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T I i 0 1 j vJ A pI -tIll -I r w f) Ii d I [hl 6 Il ~ I tf i t tf

+1 ( S(~(tcltl j~M H ie lioj ~hl- eq5e

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Marla another nurse lives there too The language was filthy I

have never heard the F--- word used so much Then Dr Kearney

told a story about a boy with Crohns disease

I had had more than I could stand I went and checked there were

only two rooms running I called and asked June if someone could

relieve me Then I made the statement that June could not relieve

me This set Dr Kearney off again making degrading remarks

about June

After the case was completed I talked with June Dr Kearney had

left earlier and went out and told June that we were back there

talking jokmg and laughing about her Dr Kearney was trying to

instigate trouble I explained to June that if she was mad at

someone it should be Dr KearneyThat we and I had

not said anything disrespectful about her

August 212000

CONFIDENTIAL lt

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CONFIDENTIAL lt

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CHlm~fj OFFICE DFF-APmiddotmiddotmiddotj 0 ilrVERY

Septembe 2000 - -_ shy

Paul A Kearney MD 1851 Clear Lake Drive Lexington Kentucky 40515

Dear Dr Kearney

Chief of Staff

UK Chandler Medical Center University of Kentucky Hospital 800 Rase Street Room Nl05 Lexington KY 40536-0293 (859) 257-1259 Fax (859) 323-2044 wwwuklJedllCON FI DENTIAL

Pursuant to the provisions of Article VIII Section ID Voluntary Remediation I am offering you the opportunity to tnter into a formal remediation process as outlined below You Dr Robert Mentzer and I discussed the reasons for this action in our meeting on Tuesday September 5 2000

This action is based on your conduct in the operating room on Specifically I have been presented with substantial credible evidence which

demonstrates that you made grossly inappropriate comments and gestures including but not limited to the use of profanity and anti-minority statements This behavior is not only hurtful to the staff but also is detrimental to quality patient care

Based on your conduct the requirements of the voluntary remediation are as follows

1 Within five (5) calendar days you must identify a mental health professional subject to my approval who will work with you on behavior issues which have lead to your inappropriate conduct at the Medical Center You shall remain under this individuals care until I am satisfied that you can interact in a professional manner with faculty and staff ofthe Medical Center

2 Within five (5) calendar days you will formally apologize in writing to each member of the surgical team involved in the case at issue Your written apologies must have my approval

3 Within the six (6) months you will attend at your own expense and with my approval a conference or seminar on the subjects of sexual harassment and

sensitivity 4 As soon as adjustments in the operating room schedule can be made you will

take a five (5) day vacation leave of absence from your duties at the Medical Center

Failure to meet the requirements of the voluntary remediation or acting in a similar fashion in the future will result in additional corrective action which could include termination of medical staff privileges and your tennination from the University of Kentucky

All Equal Opparlllllily Ulliucr5ily

Ltr to Dr Kearney September 5 2000 Page 2

I am greatly disappointed in your conduct but hopeful that you will modify your behavior to COnfOInl to the standards of the Medical Center Please notify me in writing ofyour decision to participate in this remedial process within twenty-four (24) hours

Sincerely

B~Itf~g Associate Dean for Clinical Affairs ChiefQf Staff University Hospital

BYpdb

bee Emery Wilson MD

PERSONALCONFIDENTIALUNIVERSITY OF KENTUCKY

July 8 2005 Dean and Vice President for Clinical Affairs

Colege ofMedicine MN 150 Chandler Medical Center

Paul Kearney MD BOO Rose Street

General Surgery Lexington KY 40536-0298 (859) 323-6582C223 Chandler Medical Center Fax (859) 323middot2039

CAMPUS 0293 WlVW1lktedu

Dear Paul

I cant tell you how disappointed I was to hear the reports of a profanity-laced totally uncalled for outburst on your part in the course of caring for trauma patients on the evening of I really thought I had gotten through to you in our frank discussion last December At that point I told you that I would have zero tolerance for continued inappropriate behavior on your part which demeans the entire institution I was so pleased to hear of no further reports over these past 6 months Instead I heard what a good citizen yo~ wereare and you have been nothing but supportive to Mike Karpf and to me which we appreciate This latest report about you really took the wind out of my sails

You and I recently had a useful exchange during the Depar1ment of Surgery meeting You raised the point of how problematic work in one area of the institution detracts from the value of excellent work elsewhere You talked about faculty who in a variety of ways create a drag on the organization For the life of me I cannot understand why you don t see the analogy in your own behavior In your case ithas nothing to do with productivity and you are a great surgeon and teacher Yet yoP are not the only excellent physician in this place and the rest of us are devalued and embarrassed by your admittedly long history of unciviI outbursts

I ask that you meet with me one-on-one on July 27 at 8am so that we may together determine a course of action I arillooking for correctiori here Paul throu~ a meaningful sustained professional behavior modification program I hope that you will be willing to look at the options with me If not for yourself you owe it to the rest of us

Jay A Pe Dean C 11 e of Medicine Vice PreSlaent for Clinical Affairs

~bertMentzer MD Byron Young MD

AI Equol Opporlul1itJ University

UNIVERSITY OF KENTUCKY Department of Surgery Chandler Medical Center Division of General Surgery

General Surgery Paul A Kearney MD Surgical Critical Care Bernard R Boulanger MD Trauma Surgery Juan B Ochoa MD (606) 323-6213 Betty J Tsuei MD FAX (606) 323-6840

August 22 2000

Byron Young MD Professor of Surgery Associate Dean for CHnical Affairs Chief Medical Staff University of Kentucky Medical Center

Dear Byron

Please accept my resignation as Assistant Dean for Clinical Affairs and Associate Chief of Staff After much soul searching and many discussions with my family it became clear that this decision is in everyones best interest There are a number of reasons for my decision First and foremost I do not have the administrative skills or interest necessary to be efficient and effective Excess time consumption detracted from the teaching research and clinical practice that are my real interests and strengths In short I was not doing anything well Frustration spilled over into non-productive behavior that further diminished my effectiveness Most importantly this was very difficult on my family because I was bringing my work and frustration home

This was and is a very difficult decision to make because of my loyalty and commitment to the University of Kentucky Medical Center I felt very strongly that I should commit to this administrative assignroent for at least one full year before making any decisions However I realize that this will not be productive I will better serve and represent the Medical Center by sticking to my strengths and interests I want to thank you for your support and for selecting me as one of the Associate Chiefs of Staff Under your leadership t know that this is a worthwhile and ne S8 ry endeavor for the Medical Center i sincerely apologize for my behavior my

for the disruption caused by this decision

Associate Professor urgery Chief Section ofTrauma and Critical Care

University ofKentucky Chandler Medical Center

Mr Joseph Claypool Emery Wilson MD Robert M Mentzer MD Eric Endean MD

admi str Ive failure an

~rn~ n~vhlvlD FACS

An Equal Opportunity University 800 Rose Street Lexington Kentucky 40536-0084

UNIVERSITY OF KENTUCKY Department of Surgery Chandler rv1edical Center Division of General Surge)

Paul A KeameyMD FACS General SurgeI) Bernard R Boulanger MD FACS Surgical Critical Care Andrew C Bernard MD FACS Trauma SurgeI) Phillip K Chang MD FACS (859) 323-6346224

FAX (859) 323-6840

February 52010

Re Complaints

Joseph B Zwischenberger MD FACS Johnston-Wright Professor and Chair Department of Surgery University of Kentucky Medical Center

Dear Jay

On the basis of outside advice I make the following proposal regarding the current allegations

1 Dr Lofgren will draft a letter to me indicating that I will voluntarily agree to the recommended remediation course The cost of the remediation course including travel lodging and meals will be covered by the University

2 Dr Lofgren and you will be notified by the course director when I have completed the course

3 After completion of the course the current allegations will be expunged from the record 4 I will sign a notarized acknowledgement that I have received the letter

C leal Center

An Equal Opportunity University 800 Rose Street Lexington Kentucky 40536-0084

UKHealthCare

January 72009

Dear Drs Karpf Lofgren and Perman

In the recent months Dr Paul Kearney has continued to exhibit aggressive and humiliating behavior around colleagues and staff There have been numerous complaints which are serious and which require management intervention In addition his attitude toward colleagues is perceived as derogatory and impacts on student education We have exhausted our local and usual resources and do not believe that inactivity is safe for our patients Dr Kearney or for the institution

Dr Kearney is a respected colleague and valuable surgeon We want him to serve out his career at UKHealthcare However we believe that without identifiable intervention Dr Kearney and UKHealthcare are at risk We sought counsel from a knowledgeable senior psychiatrist who recommended the following

Be referred through the Kentucky Physicians Health Foundation (as part of the Impaired Physicians Program) for assignment to an offsite program We are investigating an appropriate program to suit Dr Kearneys needs Meanwhile we need your approval to refer Dr Kearney at UKs expense to fully participate in this off-site program The initial assessment is estimated to be $5000 Once the rehabilitation program has been outlined the further expense will be dependent on the length and intensity of treatment

This investment now in Dr Kearney should result in allowing him to complete his career at UK HealthCare and positively influence his colleagues staff students and his patients We feel strongly this step should be taken in order to preserve his valuable contributions and continued influence on the highest quality care we can afford our patients

~ Patrick McGrath MD Chief General Surgery

CL~QQa--~~J5lt middotfwJ kff~-L)Colleen H Swartz Paul DePriest MD Chief Nurse Executive UKHealthCare Chief Medical Officer UKHealthCare

2317 Alumni Park Plaza Suite 500middot Lexington Kentucky40517 Phone (859) 323-2887middot Fax (859) 257-9747middot ukhealthcareukyedu

PERSONALCONFIDENTIALUNIVERSITY OF KENTUCKY

July 8 2005 Dean and Vice President for Clinical Affairs

Colege ofMedicine MN 150 Chandler Medical Center

Paul Kearney MD BOO Rose Street

General Surgery Lexington KY 40536-0298 (859) 323-6582C223 Chandler Medical Center Fax (859) 323middot2039

CAMPUS 0293 WlVW1lktedu

Dear Paul

I cant tell you how disappointed I was to hear the reports of a profanity-laced totally uncalled for outburst on your part in the course of caring for trauma patients on the evening of I really thought I had gotten through to you in our frank discussion last December At that point I told you that I would have zero tolerance for continued inappropriate behavior on your part which demeans the entire institution I was so pleased to hear of no further reports over these past 6 months Instead I heard what a good citizen yo~ wereare and you have been nothing but supportive to Mike Karpf and to me which we appreciate This latest report about you really took the wind out of my sails

You and I recently had a useful exchange during the Depar1ment of Surgery meeting You raised the point of how problematic work in one area of the institution detracts from the value of excellent work elsewhere You talked about faculty who in a variety of ways create a drag on the organization For the life of me I cannot understand why you don t see the analogy in your own behavior In your case ithas nothing to do with productivity and you are a great surgeon and teacher Yet yoP are not the only excellent physician in this place and the rest of us are devalued and embarrassed by your admittedly long history of unciviI outbursts

I ask that you meet with me one-on-one on July 27 at 8am so that we may together determine a course of action I arillooking for correctiori here Paul throu~ a meaningful sustained professional behavior modification program I hope that you will be willing to look at the options with me If not for yourself you owe it to the rest of us

Jay A Pe Dean C 11 e of Medicine Vice PreSlaent for Clinical Affairs

~bertMentzer MD Byron Young MD

AI Equol Opporlul1itJ University

UNIVERSITY OF KENTUCKY Department of Surgery Chandler Medical Center Division of General Surgery

General Surgery Paul A Kearney MD Surgical Critical Care Bernard R Boulanger MD Trauma Surgery Juan B Ochoa MD (606) 323-6213 Betty J Tsuei MD FAX (606) 323-6840

August 22 2000

Byron Young MD Professor of Surgery Associate Dean for CHnical Affairs Chief Medical Staff University of Kentucky Medical Center

Dear Byron

Please accept my resignation as Assistant Dean for Clinical Affairs and Associate Chief of Staff After much soul searching and many discussions with my family it became clear that this decision is in everyones best interest There are a number of reasons for my decision First and foremost I do not have the administrative skills or interest necessary to be efficient and effective Excess time consumption detracted from the teaching research and clinical practice that are my real interests and strengths In short I was not doing anything well Frustration spilled over into non-productive behavior that further diminished my effectiveness Most importantly this was very difficult on my family because I was bringing my work and frustration home

This was and is a very difficult decision to make because of my loyalty and commitment to the University of Kentucky Medical Center I felt very strongly that I should commit to this administrative assignroent for at least one full year before making any decisions However I realize that this will not be productive I will better serve and represent the Medical Center by sticking to my strengths and interests I want to thank you for your support and for selecting me as one of the Associate Chiefs of Staff Under your leadership t know that this is a worthwhile and ne S8 ry endeavor for the Medical Center i sincerely apologize for my behavior my

for the disruption caused by this decision

Associate Professor urgery Chief Section ofTrauma and Critical Care

University ofKentucky Chandler Medical Center

Mr Joseph Claypool Emery Wilson MD Robert M Mentzer MD Eric Endean MD

admi str Ive failure an

~rn~ n~vhlvlD FACS

An Equal Opportunity University 800 Rose Street Lexington Kentucky 40536-0084

UNIVERSITY OF KENTUCKY Department of Surgery Chandler rv1edical Center Division of General Surge)

Paul A KeameyMD FACS General SurgeI) Bernard R Boulanger MD FACS Surgical Critical Care Andrew C Bernard MD FACS Trauma SurgeI) Phillip K Chang MD FACS (859) 323-6346224

FAX (859) 323-6840

February 52010

Re Complaints

Joseph B Zwischenberger MD FACS Johnston-Wright Professor and Chair Department of Surgery University of Kentucky Medical Center

Dear Jay

On the basis of outside advice I make the following proposal regarding the current allegations

1 Dr Lofgren will draft a letter to me indicating that I will voluntarily agree to the recommended remediation course The cost of the remediation course including travel lodging and meals will be covered by the University

2 Dr Lofgren and you will be notified by the course director when I have completed the course

3 After completion of the course the current allegations will be expunged from the record 4 I will sign a notarized acknowledgement that I have received the letter

C leal Center

An Equal Opportunity University 800 Rose Street Lexington Kentucky 40536-0084

UKHealthCare

January 72009

Dear Drs Karpf Lofgren and Perman

In the recent months Dr Paul Kearney has continued to exhibit aggressive and humiliating behavior around colleagues and staff There have been numerous complaints which are serious and which require management intervention In addition his attitude toward colleagues is perceived as derogatory and impacts on student education We have exhausted our local and usual resources and do not believe that inactivity is safe for our patients Dr Kearney or for the institution

Dr Kearney is a respected colleague and valuable surgeon We want him to serve out his career at UKHealthcare However we believe that without identifiable intervention Dr Kearney and UKHealthcare are at risk We sought counsel from a knowledgeable senior psychiatrist who recommended the following

Be referred through the Kentucky Physicians Health Foundation (as part of the Impaired Physicians Program) for assignment to an offsite program We are investigating an appropriate program to suit Dr Kearneys needs Meanwhile we need your approval to refer Dr Kearney at UKs expense to fully participate in this off-site program The initial assessment is estimated to be $5000 Once the rehabilitation program has been outlined the further expense will be dependent on the length and intensity of treatment

This investment now in Dr Kearney should result in allowing him to complete his career at UK HealthCare and positively influence his colleagues staff students and his patients We feel strongly this step should be taken in order to preserve his valuable contributions and continued influence on the highest quality care we can afford our patients

~ Patrick McGrath MD Chief General Surgery

CL~QQa--~~J5lt middotfwJ kff~-L)Colleen H Swartz Paul DePriest MD Chief Nurse Executive UKHealthCare Chief Medical Officer UKHealthCare

2317 Alumni Park Plaza Suite 500middot Lexington Kentucky40517 Phone (859) 323-2887middot Fax (859) 257-9747middot ukhealthcareukyedu

UNIVERSITY OF KENTUCKY Department of Surgery Chandler Medical Center Division of General Surgery

General Surgery Paul A Kearney MD Surgical Critical Care Bernard R Boulanger MD Trauma Surgery Juan B Ochoa MD (606) 323-6213 Betty J Tsuei MD FAX (606) 323-6840

August 22 2000

Byron Young MD Professor of Surgery Associate Dean for CHnical Affairs Chief Medical Staff University of Kentucky Medical Center

Dear Byron

Please accept my resignation as Assistant Dean for Clinical Affairs and Associate Chief of Staff After much soul searching and many discussions with my family it became clear that this decision is in everyones best interest There are a number of reasons for my decision First and foremost I do not have the administrative skills or interest necessary to be efficient and effective Excess time consumption detracted from the teaching research and clinical practice that are my real interests and strengths In short I was not doing anything well Frustration spilled over into non-productive behavior that further diminished my effectiveness Most importantly this was very difficult on my family because I was bringing my work and frustration home

This was and is a very difficult decision to make because of my loyalty and commitment to the University of Kentucky Medical Center I felt very strongly that I should commit to this administrative assignroent for at least one full year before making any decisions However I realize that this will not be productive I will better serve and represent the Medical Center by sticking to my strengths and interests I want to thank you for your support and for selecting me as one of the Associate Chiefs of Staff Under your leadership t know that this is a worthwhile and ne S8 ry endeavor for the Medical Center i sincerely apologize for my behavior my

for the disruption caused by this decision

Associate Professor urgery Chief Section ofTrauma and Critical Care

University ofKentucky Chandler Medical Center

Mr Joseph Claypool Emery Wilson MD Robert M Mentzer MD Eric Endean MD

admi str Ive failure an

~rn~ n~vhlvlD FACS

An Equal Opportunity University 800 Rose Street Lexington Kentucky 40536-0084

UNIVERSITY OF KENTUCKY Department of Surgery Chandler rv1edical Center Division of General Surge)

Paul A KeameyMD FACS General SurgeI) Bernard R Boulanger MD FACS Surgical Critical Care Andrew C Bernard MD FACS Trauma SurgeI) Phillip K Chang MD FACS (859) 323-6346224

FAX (859) 323-6840

February 52010

Re Complaints

Joseph B Zwischenberger MD FACS Johnston-Wright Professor and Chair Department of Surgery University of Kentucky Medical Center

Dear Jay

On the basis of outside advice I make the following proposal regarding the current allegations

1 Dr Lofgren will draft a letter to me indicating that I will voluntarily agree to the recommended remediation course The cost of the remediation course including travel lodging and meals will be covered by the University

2 Dr Lofgren and you will be notified by the course director when I have completed the course

3 After completion of the course the current allegations will be expunged from the record 4 I will sign a notarized acknowledgement that I have received the letter

C leal Center

An Equal Opportunity University 800 Rose Street Lexington Kentucky 40536-0084

UKHealthCare

January 72009

Dear Drs Karpf Lofgren and Perman

In the recent months Dr Paul Kearney has continued to exhibit aggressive and humiliating behavior around colleagues and staff There have been numerous complaints which are serious and which require management intervention In addition his attitude toward colleagues is perceived as derogatory and impacts on student education We have exhausted our local and usual resources and do not believe that inactivity is safe for our patients Dr Kearney or for the institution

Dr Kearney is a respected colleague and valuable surgeon We want him to serve out his career at UKHealthcare However we believe that without identifiable intervention Dr Kearney and UKHealthcare are at risk We sought counsel from a knowledgeable senior psychiatrist who recommended the following

Be referred through the Kentucky Physicians Health Foundation (as part of the Impaired Physicians Program) for assignment to an offsite program We are investigating an appropriate program to suit Dr Kearneys needs Meanwhile we need your approval to refer Dr Kearney at UKs expense to fully participate in this off-site program The initial assessment is estimated to be $5000 Once the rehabilitation program has been outlined the further expense will be dependent on the length and intensity of treatment

This investment now in Dr Kearney should result in allowing him to complete his career at UK HealthCare and positively influence his colleagues staff students and his patients We feel strongly this step should be taken in order to preserve his valuable contributions and continued influence on the highest quality care we can afford our patients

~ Patrick McGrath MD Chief General Surgery

CL~QQa--~~J5lt middotfwJ kff~-L)Colleen H Swartz Paul DePriest MD Chief Nurse Executive UKHealthCare Chief Medical Officer UKHealthCare

2317 Alumni Park Plaza Suite 500middot Lexington Kentucky40517 Phone (859) 323-2887middot Fax (859) 257-9747middot ukhealthcareukyedu

UNIVERSITY OF KENTUCKY Department of Surgery Chandler rv1edical Center Division of General Surge)

Paul A KeameyMD FACS General SurgeI) Bernard R Boulanger MD FACS Surgical Critical Care Andrew C Bernard MD FACS Trauma SurgeI) Phillip K Chang MD FACS (859) 323-6346224

FAX (859) 323-6840

February 52010

Re Complaints

Joseph B Zwischenberger MD FACS Johnston-Wright Professor and Chair Department of Surgery University of Kentucky Medical Center

Dear Jay

On the basis of outside advice I make the following proposal regarding the current allegations

1 Dr Lofgren will draft a letter to me indicating that I will voluntarily agree to the recommended remediation course The cost of the remediation course including travel lodging and meals will be covered by the University

2 Dr Lofgren and you will be notified by the course director when I have completed the course

3 After completion of the course the current allegations will be expunged from the record 4 I will sign a notarized acknowledgement that I have received the letter

C leal Center

An Equal Opportunity University 800 Rose Street Lexington Kentucky 40536-0084

UKHealthCare

January 72009

Dear Drs Karpf Lofgren and Perman

In the recent months Dr Paul Kearney has continued to exhibit aggressive and humiliating behavior around colleagues and staff There have been numerous complaints which are serious and which require management intervention In addition his attitude toward colleagues is perceived as derogatory and impacts on student education We have exhausted our local and usual resources and do not believe that inactivity is safe for our patients Dr Kearney or for the institution

Dr Kearney is a respected colleague and valuable surgeon We want him to serve out his career at UKHealthcare However we believe that without identifiable intervention Dr Kearney and UKHealthcare are at risk We sought counsel from a knowledgeable senior psychiatrist who recommended the following

Be referred through the Kentucky Physicians Health Foundation (as part of the Impaired Physicians Program) for assignment to an offsite program We are investigating an appropriate program to suit Dr Kearneys needs Meanwhile we need your approval to refer Dr Kearney at UKs expense to fully participate in this off-site program The initial assessment is estimated to be $5000 Once the rehabilitation program has been outlined the further expense will be dependent on the length and intensity of treatment

This investment now in Dr Kearney should result in allowing him to complete his career at UK HealthCare and positively influence his colleagues staff students and his patients We feel strongly this step should be taken in order to preserve his valuable contributions and continued influence on the highest quality care we can afford our patients

~ Patrick McGrath MD Chief General Surgery

CL~QQa--~~J5lt middotfwJ kff~-L)Colleen H Swartz Paul DePriest MD Chief Nurse Executive UKHealthCare Chief Medical Officer UKHealthCare

2317 Alumni Park Plaza Suite 500middot Lexington Kentucky40517 Phone (859) 323-2887middot Fax (859) 257-9747middot ukhealthcareukyedu

UKHealthCare

January 72009

Dear Drs Karpf Lofgren and Perman

In the recent months Dr Paul Kearney has continued to exhibit aggressive and humiliating behavior around colleagues and staff There have been numerous complaints which are serious and which require management intervention In addition his attitude toward colleagues is perceived as derogatory and impacts on student education We have exhausted our local and usual resources and do not believe that inactivity is safe for our patients Dr Kearney or for the institution

Dr Kearney is a respected colleague and valuable surgeon We want him to serve out his career at UKHealthcare However we believe that without identifiable intervention Dr Kearney and UKHealthcare are at risk We sought counsel from a knowledgeable senior psychiatrist who recommended the following

Be referred through the Kentucky Physicians Health Foundation (as part of the Impaired Physicians Program) for assignment to an offsite program We are investigating an appropriate program to suit Dr Kearneys needs Meanwhile we need your approval to refer Dr Kearney at UKs expense to fully participate in this off-site program The initial assessment is estimated to be $5000 Once the rehabilitation program has been outlined the further expense will be dependent on the length and intensity of treatment

This investment now in Dr Kearney should result in allowing him to complete his career at UK HealthCare and positively influence his colleagues staff students and his patients We feel strongly this step should be taken in order to preserve his valuable contributions and continued influence on the highest quality care we can afford our patients

~ Patrick McGrath MD Chief General Surgery

CL~QQa--~~J5lt middotfwJ kff~-L)Colleen H Swartz Paul DePriest MD Chief Nurse Executive UKHealthCare Chief Medical Officer UKHealthCare

2317 Alumni Park Plaza Suite 500middot Lexington Kentucky40517 Phone (859) 323-2887middot Fax (859) 257-9747middot ukhealthcareukyedu

Written Reprimand and Action Plan Re Unprofession I

To Paul Kearney MD

From Jay Zwischenberger MD Professor and Chair of S rgery

Date December 12 2012

Re

As has been discussed with you on December 12 2012 complaints have been made against you for unprofessional conduct in the Operating Room at Chandler Hospital by

and A number of-employees have been interviewed regarding these complaints including an employee you specifically requested to be interviewed In addition you met with Cliffller and Patty Bender on October 172012 During this meeting you were advised of the complaints and givenmiddot an opportunity to respond to the complaints Based upon the investigation performed you are receiv~ng this written reprimand The following is a summary of the allegations and findings and action plan to be followed going forward

The complaint made by relates to her encounter with you in the Chandler Hospital OR on During the second case she had with you that day she alleges that a time out was being performed during which among other things the circulating nurse called out the name of the procedure to be performed Initially

called out the wrong procedure but then corrected herself After she corrected herself she alleges that you smacked her on the left shoulder with an open hand She said this hurt and left a red mark on her shoulder It was her interpretation that you smacked her because she messed up the timeout In response to being smacked on the shoulder said Hey Im pregnant She alleges that in response you said Whose fault is that yours or the guy I guess it doesnt matter because it takes tWOto tango was very upsefby your actions and comments and began to cry After she completed the time out Erica Baker RN told her to take a break

When asked about this incident you acknowledged that it OCCUlTed but you did not recall smacking on the shoulder You remembered her bringing up the fact that she is pregnant and you admitted making- the comments about it takes two to tango etc but you did not recall the smack on the shoulder You said that after she left the OR crying others in the OR asked him what happened and you were not sure what you had done to upset When she returned to the OR you claim that you apologized and told her you were sorty if anything you said had upset her You claimed that she also apologized and said something to the effect of Im SOlTy I have been very emotional because of my pregnancy

The only material discrepancy between s account and your memory of this incident is that you do not recall smacking on the shoulder Based upon the information gathered regarding this incident I find credible and I believe that ~e smack on the shoulder did occur

Paul Keruney MD December 122012 Page 2

The incident involving occurred in August 2012 alleges that she was verbally assaulted by you on On the day at issue she alleges that you were doing a trauma procedure in OR 6A when the scrup nurse in that OR vomited and had to break scrub and leave the OR It was s responsibility to find a scrub nurse to cover this OR She claims that it took her approximately 8 minutes to find a replacement scrub nurse After you finished the procedure she alleges that you came to the control desk and said You should have a colostomy bag around your head You have shit for brains stated that at the time you made this comment there were two UK employees and the father of one of the employees present

When asked about the incident you acknowledged that you made the comment You said that you were doing an emergency case on a very sick woman who was dying on the OR table According to you the patient had a bowel that w~s dying and the stench from her bowel made the scrub tech so sick that she had to leave the room to vomit This left you in the room with the circulator a resident and the anesthesiologist You said was within shouting distance and you yelled at her to get another scrub technurse in the OR right away You claim that it took 15 minutes not 8 minutes before sent into the OR According to you after the procedure you were addressing the situation with

s supervisor and represented that she had someone in the OR immediately You claimed that this comment by was a lie and that you were very upset because (1) she lied aIld (2) in your opinion or her supervisor Julie Mercer RN could have come into the OR to help You said that you had to pass instruments to the resident because you did not have a scrub technurse in the OR You admitted however that you made the colostomy bagcomment to

The complaint made by relates to an incident that occurred in May 2012 According to she was scrubbing into Ii case being performed by you to give another nurse a break When she stepped up to the operating table you said Hey bitch She thinks you were trying to be funny butshe did not appreciate it According to you have used unprofessional language toward her and around her numerous times during her career at UK She claims that she told you that she did not want to be talked to with this type of language

When asked about this complaint you did not deny making the comment to but you did not specifically remember it You said that you have actually asked that not scrub on your cases because every time she is around she cries whenever you yell or raise your voice You claimed that you have actually told that you have asked that she not scrub with you for this reason You stated that given complaints like hers you try to work with what you described as your core team when you operate

The purpose of this written reprimand and action plan is to correct your behavior and prevent its recurrence You have been counseled previously regarding unprofessional behavior and need to understand that behavior such as t4is has the potential to create liability for both you and the university Accepting responsibility for your behavior you have voluntarily agreed to the following action plan However nothing in this plan shalll~mit or restrict the taking of corrective

Paul Kearney MD December 122012 Page 3

action in the future should issues or potential issues warranting corrective action become known hereafter

1 In the future you shall refrain from such unprofessional conduct when interacting with other UK personnel Specifically you shall not slap smack or touch another UK employee with whom you are angry or frustrated In addition you shall not direct profane comments toward UK personnel if in your opinion they fail to perform their duties adequately While I understand that the OR can be a very stressful environment at times that is not an excuse for acting unprofessionally If a physician nurse tech or other personnel fails to perform his or her job in a manner that is satisfactory to you you shall address all performance issues in a professional manner either directly with the employee or with the employees supervisor

2 Your 2012 Performance Evaluation will reflect that these incidents occurred and that you have faced discipline as a result

3 You acknowledge and agree that retaliation against anyone who has made a complaint against you provided information related to this incident or participated in this voluntary remedial plan is strictly prohibited both by the University and by law Further you acknowledge and agree that all such persons are fully entitled to the privileges and immunities set forth in Article 15 of the UK HealthCare Medical Staff Bylaws

4 You voluntarily waive any right under the Fair Hearing plan set forth in the UK HealthCare Medical Staff Bylaws that would otherwise be afforded to you if a

Professional Review Action or corrective action were pursued in the absence of this written reprimand and action plan

5 If you violate any of the terms of this action plan you will be subject to corrective action

6 This document will be filed in your personnelmiddotfile

Please indicate your agreement to the above action plan by signing below You should return this document to Dr Zwischenberger on or before Decemb~r 212012

I hereby acknowledge that I received a copy of this written reprimand and agree to its terms

Paul Kearney MD Date

UKUNIVERSITY OF

Dcpanmcnl of Obstetrics

lnd Gynecology 800 R()~e Stree[ Room C375

Lcxingron KY 40536middot0293February 10 2015 859 323-6434

fl1gt 359257middot 1305 Paul Kearney MD wwwukyedtl

clo Bernard Pafunda Esq Pafunda Law Office 175 E Main Street Ste 600 Lexington Kentucky 40507

Re Professional Review Action taken by the Medical Staff Executive Committee and Notice of Right to Hearing

Dear Dr Kearney

As Acting President of the Medica1Staff I am writing pursuant to Article 1031 of the UK Healthcare Medical Staff Bylaws to give you notice of the Professional Review Action taken by the Medical Staff Executive Committee (MSEC) concerning your January 26 2015 summary suspension The MSEC initiated an investigation of this matter on January 29 2015 pursuant to Article 942 The results of that investigation were presented to the full MSEC at a meeting held on February 5 2015 upon which the MSEC unanimously voted to uphold your summary suspension

The MSECs decision was based upon evidence of a pattern of your unprofessional behavior directed toward faculty residents staff and patients that the University of Kentucky has been attempting to address with you for over twenty years This includes but is not limited to events last year involving profanity and derogatory remarks made toward a quadriplegic patient in one of the endoscopy suites as well as similarly unprofessional behavior toward a former operating room nurse circulator Such behavior violates not only the Universitis Behavioral Standards in Patient Care but also the Written Reprimand and Action Plan Re Unprofessional

Conduct that you agreed to on January 9 2013

If you choose to do so you have the right to a hearing on the MSECs decision You must request this hearing within 30 calendar days after receiving this notice by providing notice to Dr Boulanger with a copy to me If you do not provide notice of your request for a hearing within those 30 calendar days you will be deemed to have waived your right to such a hearing and accepted the MSECs action which will result in permanent revocation of your medical staff privileges immediately upon final action by the University Health Care Committee Your

An Equtll Oppor1tJnity University

Paul Keruney MD December 122012 Page 2

The incident involving occurred in August 2012 alleges that she was verbally assaulted by you on On the day at issue she alleges that you were doing a trauma procedure in OR 6A when the scrup nurse in that OR vomited and had to break scrub and leave the OR It was s responsibility to find a scrub nurse to cover this OR She claims that it took her approximately 8 minutes to find a replacement scrub nurse After you finished the procedure she alleges that you came to the control desk and said You should have a colostomy bag around your head You have shit for brains stated that at the time you made this comment there were two UK employees and the father of one of the employees present

When asked about the incident you acknowledged that you made the comment You said that you were doing an emergency case on a very sick woman who was dying on the OR table According to you the patient had a bowel that w~s dying and the stench from her bowel made the scrub tech so sick that she had to leave the room to vomit This left you in the room with the circulator a resident and the anesthesiologist You said was within shouting distance and you yelled at her to get another scrub technurse in the OR right away You claim that it took 15 minutes not 8 minutes before sent into the OR According to you after the procedure you were addressing the situation with

s supervisor and represented that she had someone in the OR immediately You claimed that this comment by was a lie and that you were very upset because (1) she lied aIld (2) in your opinion or her supervisor Julie Mercer RN could have come into the OR to help You said that you had to pass instruments to the resident because you did not have a scrub technurse in the OR You admitted however that you made the colostomy bagcomment to

The complaint made by relates to an incident that occurred in May 2012 According to she was scrubbing into Ii case being performed by you to give another nurse a break When she stepped up to the operating table you said Hey bitch She thinks you were trying to be funny butshe did not appreciate it According to you have used unprofessional language toward her and around her numerous times during her career at UK She claims that she told you that she did not want to be talked to with this type of language

When asked about this complaint you did not deny making the comment to but you did not specifically remember it You said that you have actually asked that not scrub on your cases because every time she is around she cries whenever you yell or raise your voice You claimed that you have actually told that you have asked that she not scrub with you for this reason You stated that given complaints like hers you try to work with what you described as your core team when you operate

The purpose of this written reprimand and action plan is to correct your behavior and prevent its recurrence You have been counseled previously regarding unprofessional behavior and need to understand that behavior such as t4is has the potential to create liability for both you and the university Accepting responsibility for your behavior you have voluntarily agreed to the following action plan However nothing in this plan shalll~mit or restrict the taking of corrective

Paul Kearney MD December 122012 Page 3

action in the future should issues or potential issues warranting corrective action become known hereafter

1 In the future you shall refrain from such unprofessional conduct when interacting with other UK personnel Specifically you shall not slap smack or touch another UK employee with whom you are angry or frustrated In addition you shall not direct profane comments toward UK personnel if in your opinion they fail to perform their duties adequately While I understand that the OR can be a very stressful environment at times that is not an excuse for acting unprofessionally If a physician nurse tech or other personnel fails to perform his or her job in a manner that is satisfactory to you you shall address all performance issues in a professional manner either directly with the employee or with the employees supervisor

2 Your 2012 Performance Evaluation will reflect that these incidents occurred and that you have faced discipline as a result

3 You acknowledge and agree that retaliation against anyone who has made a complaint against you provided information related to this incident or participated in this voluntary remedial plan is strictly prohibited both by the University and by law Further you acknowledge and agree that all such persons are fully entitled to the privileges and immunities set forth in Article 15 of the UK HealthCare Medical Staff Bylaws

4 You voluntarily waive any right under the Fair Hearing plan set forth in the UK HealthCare Medical Staff Bylaws that would otherwise be afforded to you if a

Professional Review Action or corrective action were pursued in the absence of this written reprimand and action plan

5 If you violate any of the terms of this action plan you will be subject to corrective action

6 This document will be filed in your personnelmiddotfile

Please indicate your agreement to the above action plan by signing below You should return this document to Dr Zwischenberger on or before Decemb~r 212012

I hereby acknowledge that I received a copy of this written reprimand and agree to its terms

Paul Kearney MD Date

UKUNIVERSITY OF

Dcpanmcnl of Obstetrics

lnd Gynecology 800 R()~e Stree[ Room C375

Lcxingron KY 40536middot0293February 10 2015 859 323-6434

fl1gt 359257middot 1305 Paul Kearney MD wwwukyedtl

clo Bernard Pafunda Esq Pafunda Law Office 175 E Main Street Ste 600 Lexington Kentucky 40507

Re Professional Review Action taken by the Medical Staff Executive Committee and Notice of Right to Hearing

Dear Dr Kearney

As Acting President of the Medica1Staff I am writing pursuant to Article 1031 of the UK Healthcare Medical Staff Bylaws to give you notice of the Professional Review Action taken by the Medical Staff Executive Committee (MSEC) concerning your January 26 2015 summary suspension The MSEC initiated an investigation of this matter on January 29 2015 pursuant to Article 942 The results of that investigation were presented to the full MSEC at a meeting held on February 5 2015 upon which the MSEC unanimously voted to uphold your summary suspension

The MSECs decision was based upon evidence of a pattern of your unprofessional behavior directed toward faculty residents staff and patients that the University of Kentucky has been attempting to address with you for over twenty years This includes but is not limited to events last year involving profanity and derogatory remarks made toward a quadriplegic patient in one of the endoscopy suites as well as similarly unprofessional behavior toward a former operating room nurse circulator Such behavior violates not only the Universitis Behavioral Standards in Patient Care but also the Written Reprimand and Action Plan Re Unprofessional

Conduct that you agreed to on January 9 2013

If you choose to do so you have the right to a hearing on the MSECs decision You must request this hearing within 30 calendar days after receiving this notice by providing notice to Dr Boulanger with a copy to me If you do not provide notice of your request for a hearing within those 30 calendar days you will be deemed to have waived your right to such a hearing and accepted the MSECs action which will result in permanent revocation of your medical staff privileges immediately upon final action by the University Health Care Committee Your

An Equtll Oppor1tJnity University

Paul Kearney MD December 122012 Page 3

action in the future should issues or potential issues warranting corrective action become known hereafter

1 In the future you shall refrain from such unprofessional conduct when interacting with other UK personnel Specifically you shall not slap smack or touch another UK employee with whom you are angry or frustrated In addition you shall not direct profane comments toward UK personnel if in your opinion they fail to perform their duties adequately While I understand that the OR can be a very stressful environment at times that is not an excuse for acting unprofessionally If a physician nurse tech or other personnel fails to perform his or her job in a manner that is satisfactory to you you shall address all performance issues in a professional manner either directly with the employee or with the employees supervisor

2 Your 2012 Performance Evaluation will reflect that these incidents occurred and that you have faced discipline as a result

3 You acknowledge and agree that retaliation against anyone who has made a complaint against you provided information related to this incident or participated in this voluntary remedial plan is strictly prohibited both by the University and by law Further you acknowledge and agree that all such persons are fully entitled to the privileges and immunities set forth in Article 15 of the UK HealthCare Medical Staff Bylaws

4 You voluntarily waive any right under the Fair Hearing plan set forth in the UK HealthCare Medical Staff Bylaws that would otherwise be afforded to you if a

Professional Review Action or corrective action were pursued in the absence of this written reprimand and action plan

5 If you violate any of the terms of this action plan you will be subject to corrective action

6 This document will be filed in your personnelmiddotfile

Please indicate your agreement to the above action plan by signing below You should return this document to Dr Zwischenberger on or before Decemb~r 212012

I hereby acknowledge that I received a copy of this written reprimand and agree to its terms

Paul Kearney MD Date

UKUNIVERSITY OF

Dcpanmcnl of Obstetrics

lnd Gynecology 800 R()~e Stree[ Room C375

Lcxingron KY 40536middot0293February 10 2015 859 323-6434

fl1gt 359257middot 1305 Paul Kearney MD wwwukyedtl

clo Bernard Pafunda Esq Pafunda Law Office 175 E Main Street Ste 600 Lexington Kentucky 40507

Re Professional Review Action taken by the Medical Staff Executive Committee and Notice of Right to Hearing

Dear Dr Kearney

As Acting President of the Medica1Staff I am writing pursuant to Article 1031 of the UK Healthcare Medical Staff Bylaws to give you notice of the Professional Review Action taken by the Medical Staff Executive Committee (MSEC) concerning your January 26 2015 summary suspension The MSEC initiated an investigation of this matter on January 29 2015 pursuant to Article 942 The results of that investigation were presented to the full MSEC at a meeting held on February 5 2015 upon which the MSEC unanimously voted to uphold your summary suspension

The MSECs decision was based upon evidence of a pattern of your unprofessional behavior directed toward faculty residents staff and patients that the University of Kentucky has been attempting to address with you for over twenty years This includes but is not limited to events last year involving profanity and derogatory remarks made toward a quadriplegic patient in one of the endoscopy suites as well as similarly unprofessional behavior toward a former operating room nurse circulator Such behavior violates not only the Universitis Behavioral Standards in Patient Care but also the Written Reprimand and Action Plan Re Unprofessional

Conduct that you agreed to on January 9 2013

If you choose to do so you have the right to a hearing on the MSECs decision You must request this hearing within 30 calendar days after receiving this notice by providing notice to Dr Boulanger with a copy to me If you do not provide notice of your request for a hearing within those 30 calendar days you will be deemed to have waived your right to such a hearing and accepted the MSECs action which will result in permanent revocation of your medical staff privileges immediately upon final action by the University Health Care Committee Your

An Equtll Oppor1tJnity University

UKUNIVERSITY OF

Dcpanmcnl of Obstetrics

lnd Gynecology 800 R()~e Stree[ Room C375

Lcxingron KY 40536middot0293February 10 2015 859 323-6434

fl1gt 359257middot 1305 Paul Kearney MD wwwukyedtl

clo Bernard Pafunda Esq Pafunda Law Office 175 E Main Street Ste 600 Lexington Kentucky 40507

Re Professional Review Action taken by the Medical Staff Executive Committee and Notice of Right to Hearing

Dear Dr Kearney

As Acting President of the Medica1Staff I am writing pursuant to Article 1031 of the UK Healthcare Medical Staff Bylaws to give you notice of the Professional Review Action taken by the Medical Staff Executive Committee (MSEC) concerning your January 26 2015 summary suspension The MSEC initiated an investigation of this matter on January 29 2015 pursuant to Article 942 The results of that investigation were presented to the full MSEC at a meeting held on February 5 2015 upon which the MSEC unanimously voted to uphold your summary suspension

The MSECs decision was based upon evidence of a pattern of your unprofessional behavior directed toward faculty residents staff and patients that the University of Kentucky has been attempting to address with you for over twenty years This includes but is not limited to events last year involving profanity and derogatory remarks made toward a quadriplegic patient in one of the endoscopy suites as well as similarly unprofessional behavior toward a former operating room nurse circulator Such behavior violates not only the Universitis Behavioral Standards in Patient Care but also the Written Reprimand and Action Plan Re Unprofessional

Conduct that you agreed to on January 9 2013

If you choose to do so you have the right to a hearing on the MSECs decision You must request this hearing within 30 calendar days after receiving this notice by providing notice to Dr Boulanger with a copy to me If you do not provide notice of your request for a hearing within those 30 calendar days you will be deemed to have waived your right to such a hearing and accepted the MSECs action which will result in permanent revocation of your medical staff privileges immediately upon final action by the University Health Care Committee Your

An Equtll Oppor1tJnity University

hearing rights are set out in Articles 104 through 1019 of the UK Healthcare Medical Staff Bylaws A copy of those sections is enclosed You are reminded that retaliation against complainants witnesses and other persons participating in this process is prohibited

As stated in the summary suspension letter sent to you on January 26 2015 during your suspension you shall not be pre~etlt on the University of Kentucky campus unless you or a member of your family is in need of medical services In addition yoU shall have no contact with patients faculty residents medical students or staff Any communications you have with the University should be made by your attorney through the Universitys Office of Legal Counsel If you have any questions related to this letter or the procedures summarized herein please have your attorney contact Josh Salsburey or Bryan Beauman at (859) 255-8581

Sincerely

Frederick M Zachman MD Vice President Medical Staff Executive Committee

cc Paul Kearney MD B~ard R Bou1ang~r MD ChiefMedical Officer Jay Zwischenberger MD Chair Department of Surgery Ann SmithChief Administrative Officer