A Terrible Trio: Silence, Complicity, and Cover-Up

Accountability is at the root of a lawsuit in Chicago that alleges a physician was allowed to practice medicine while being investigated for abusive behavior. At stake is not only the harm done by the doctor but also the hospital’s failure to safeguard its patients.

Not unlike the high-profile case of Larry Nassar, the former sports physician who abused athletes at Michigan State University and elsewhere, this case highlights the abusive behavior of a physician, Fabio Ortega, an obstetrician-gynecologist who practiced in Chicago.

For 35 years, Ortega abused over 300 patients at two different hospitals: his behavior included but is not limited to conducting vaginal examinations without wearing gloves, requiring patients to fully undress regardless of the reason for their visit, and asking inappropriate questions about patients’ sex lives. 

While his behavior was both disturbing and abusive, the conduct of the hospital where Ortega worked may be even more troubling. Rather than investigate patients’ concerns, the hospital normalized Ortega’s behavior. According to an article in The Washington Post, while conducting an exam of a rape victim, Dr. Ortega “used his fingers for a vaginal examination.” When the patient asked the office staff whether this sort of examination was necessary, “the front desk allegedly told her that it was typical of his process and not to worry.”

In another instance, a patient who was pregnant asked Dr. Ortega’s assistant why she needed to get undressed at each appointment, and they assured her that it was “medically necessary.” When she became pregnant again, she recounted her prior experiences with Dr. Ortega and requested a different physician. While she was assigned to a different healthcare provider, no one pursued any further investigation of Dr. Ortega.

There are multiple instances when patients shared what happened to them only to be met with disbelief by hospital staff. For example, after a patient disclosed that she was “uncomfortable” about having Dr. Ortega as her caregiver, “the office manager told the patient there were no prior complaints about him.”

Finally, a patient reported Dr. Ortega’s abuse to police in Skokie, Ill. Throughout the 18-month criminal investigation, Dr. Ortega was still permitted to see patients with no restrictions. Abuse that began in 1989 finally came to a halt when Dr. Ortega was arrested in 2018. In addition to receiving a jail sentence, he also lost his license to practice medicine.

Clearly, Ortega’s actions are reprehensible. But this also highlights the fact that the hospital systems —who are also named in one or more lawsuits — did nothing to stop him. As Symone Shinton, an attorney for one of the plaintiffs said, “‘The hospital has a duty to protect its patients from harm. Instead, they silenced the complaints.’” The hospitals’ refusal to listen to the patients who had complaints makes them negligent as well. Rather than putting the patients first and focusing on their welfare, they covered up the doctor’s actions. In doing so, patients suffered immeasurable discomfort and suffering.

It’s almost inconceivable that a hospital would choose to protect a cretin like Ortega at the expense of their patients’ welfare, but these kinds of cover-ups do occur. If you or someone you love feels uncomfortable with the care that you receive or if you feel that your concerns are being dismissed, contact our experienced Cleveland medical sexual assault lawyers to discuss your options for legal recourse and for obtaining the compensation you deserve. To schedule your free consultation, call 216-287-0900 or contact us online today.