Prominent doctor, medical school professor accused of indecent assault of patient

EL PASO, Texas (KVIA) -- A prominent doctor and medical school professor has been arrested after a patient accused him of touching her inappropriately without her consent, according to an arrest affidavit.

Jail records show that Dr. Edward Allen Michelson has been charged with indecent assault by a health/mental provider. He posted a $100,000 surety bond on Sept. 30.

Investigators said the alleged assault happened on August 28 at University Medical Center, where Dr. Michelson has admission privileges. He is not an employee of UMC, a hospital spokeswoman said.

Michelson has been chair of the Texas Tech Health El Paso Emergency Medicine Department for 10 years, according to his bio on LinkedIn. TTHEP said it's aware of the indecent assault charge and suspended Michelson from his university duties.

Arrest documents obtained by ABC-7 said a patient who went to the hospital after an epilepsy episode told investigators she was touched inappropriately by Dr. Michelson while she was in an out of consciousness. 

According to investigators, the patient immediately confronted Michelson after she said he touched her genitals inappropriately, telling him in Spanish, “Why are you doing this to me, this has nothing to do with epilepsy?”

The patient’s son, who learned about the alleged assault minutes later, also confronted Michelson. The doctor told him he didn't do that and "was just touching her abdominal area," documents said.

The affidavit states investigators first reviewed security video showing the outside of the examination room. According to the document, the video showed Michelson walk into the patient's room alone and walk out two minutes later.

The security manager told deputies that UMC policy requires two medical staff members to be in a patient's room when conducting any procedures involving the genital area.

A deputy later used a search warrant to get security video of the victim's room.

Documents said Michelson entered the patient's room and closed the curtain at the door. The investigator noted the doctor moved an examination light hanging from the ceiling in a way “to appear to obstruct the security camera’s view” of the doctor and patient. 

The investigator said video showed Michelson put his hands near her genitals twice, and that he didn't have gloves at the time, said the affidavit.

UMC Chief Medical Officer Dr. Victor Waters told investigators that Emergency Medical Services workers premedicated the woman before she was brought into the hospital and that standard treatment for patients with seizures shouldn’t involve pelvic exams unless the doctor believes there is trauma.

Deputies arrested and booked Michelson into the El Paso County jail more than a month after the alleged assault, on Sept. 30, and he posted bond the same day.

“UMC took swift action to suspend this medical provider from the hospital,” wrote Estefanía S. Morgan, UMC’s Admin. Director of Public Affairs in a statement. “The safety and wellbeing of our patients is our highest priority.  Any allegations against our healthcare providers are taken seriously.”

Morgan said the hospital has no further comment as this is an ongoing investigation.

Michelson’s employer, Texas Tech El Paso, also suspended him from his university duties. A spokesperson also said the university wouldn’t comment further because it is “an ongoing personnel and legal matter.”

According to notes taken during a Texas Tech Board of Regents meeting earlier this year, Dr. Michelson was granted tenure on Feb. 26.

ABC-7 reached out to Michelson's attorney, Jeep Darnell, for comment. We have been unable to reach him as of the publication of the story.

According to Texas Penal Code 22.012, the charge Michelson faces is enhanced because he is a medical provider. If the alleged assault happened while a medical professional offered health services in an official capacity in a medical setting, the medical professional faces a state jail felony, 180 days to two years and fines up to $10,000.