Woman says she was silent for decades about Chicago OB/GYN's sexual abuse, until now
CHICAGO (CBS) -- There are now more than 500 women coming forward accusing a Chicago OB/GYN of sexual abuse.
Fabio Ortega pleaded guilty to sexually abusing two patients in October 2021. This week, three more civil lawsuits were filed against him – and in all, more than 300 women are coming forward with allegations.
One of the lawsuits was filed by Ericka Matos – the first woman to come forward with abuse allegations against Ortega publicly and while disclosing her name.
Ortega was employed for decades by NorthShore University Health System and Swedish Hospital – formerly known as Swedish Covenant Hospital. Matos is suing Ortega and the hospital over sex abuse when she was seeking gynecological care.
Matos has lived with her story for decades, but refuses to be silent any longer.
"He ruined my life," Matos said. "He took something from me. He took something from me that is hard to forget."
Ortega was the doctor called in for her emergency surgery for an ovarian cyst in the 1990s.
"So I assumed, well, he speaks Spanish. He's a good doctor – saved my life,'" Matos said.
But that trust built in Matos' moment of need was shattered soon afterward.
"He asked me about if I had any sexual fantasies," Matos said. "In the meantime, he was touching me."
CBS 2 is not sharing all the details of Matos' abuse.
"That doesn't go away," said Matos.
For years, Matos blamed herself and stayed silent. Now, she is one of at least 500 women who have come forward with allegations of abuse against Ortega.
Attorneys from three firms – Romanucci &s Blandin LLC, the Law Offices of Johanna J. Raimond Ltd., and the Law Firm of Tamara N. Holder LLC – held a news conference Wednesday to discuss the three new lawsuits filed this week against Ortega and the hospital system where he worked – which is now under Endeavor Health.
"We believe that it's safe to say that this is the largest doctor-patient sexual abuse case in this country – or at least one of the very few," said attorney Tamara Holder.
The attorneys represent hundreds of those women, and have been working on this case this 2019.
"We're asking for legislative changes to make it absolutely crystal-clear to the hospital, so that this doesn't happen ever again," said attorney Stephan D. Blandin.
An Illinois state lawmaker seeks to prevent such abuse in the future
Meanwhile in Springfield, a state lawmaker is representing the women in another way – working to make sure changes are made on a state level so such abuse does not happen again.
"There is a systemic failure that goes back to that root of valuing survivors' stories and safety," said Illinois state Rep. Kelly Cassidy (D-Chicago).
Cassidy said many of the women had been speaking up about Dr. Ortega – but nothing happened.
"We are and will be making changes to the laws – but it shouldn't be necessary," Cassidy said. "A hospital administrator with some basic common sense should know this person shouldn't be treating people."
Under the Hospital Licensing Act, hospitals are required to report allegations of abuse to the Illinois Department of Public Health within 24 hours if the alleged conduct took place at a hospital.
"It really is about ensuring appropriate reporting and response of sexual abuse in health care settings," Cassidy said.
Cassidy said because Dr. Ortega was operating outside of the actual hospital – in what would be termed call an office or satellite clinic – the regulations surrounding abuse allegations technically did not apply.
The Illinois Department of Public Health issued this statement explaining how the rules work:
"Under the Hospital Licensing Act, hospitals are required to report allegations of abuse to the Illinois Department of Public Health (IDPH) within 24 hours if the alleged conduct took place at a hospital. IDPH did not receive such a report from NorthShore. If the alleged abuse occurred in a satellite clinic or doctor's office off hospital grounds, the hospital was not required to report it to IDPH.
"IDPH is working with Rep. Kelly Cassidy on legislation that would put doctor's offices and satellite clinics under the same rules that now exist for hospitals when it comes to reporting instances of sexual abuse of patients by healthcare workers. In addition, these reforms would create financial penalties for hospitals that fail to report sexual abuse cases by staff to IDPH."
Endeavor Health chose not to comment on that issue, or even address it.
Cassidy said one of her goals with her proposed legislation is to eliminate the loophole for allegations of abuse that took place outside a hospital.
"I hate calling it a loophole, but it works," she said. "It will close that offside question, address the lack of real teeth in the law, and create some meaningful consequences."
Meanwhile, the Illinois Department of Public Health was not the only state agency left in the dark. CBS 2 checked with the Illinois Department of Financial and Professional Regulation – which is responsible for licensing doctors.
The department said it did not see a complaint field against Dr. Ortega until 2017, w hen he was already under criminal investigation:
"Thereafter, the Department engaged in a lengthy investigation of his conduct. Ortega was indicted in August 2018 and his license was temporarily suspended 17 days later, in September 2018. Dr. Ortega's license remained suspended until it was permanently revoked in December 2021.
"Disciplinary actions are reflected on each licensee's profile using IDFPR's License Lookup Tool (which the Department encourages consumers to utilize before engaging in business with a licensee) and are also published in monthly Enforcement Reports."
The department said it is also working on legislation that would strengthen the state's authority to hold licensees in the medical profession accountable for sexual assault:
"Under the Hospital Licensing Act, hospitals are required to report allegations of abuse to the Illinois Department of Public Health (IDPH) within 24 hours. IDPH then investigates to determine if the hospital handled the allegation appropriately. If the investigation indicates potential abuse of a patient, IDPH reports the allegation to IDFPR, unless the hospital provided proof they had already reported the provider to IDFPR.
"While there is currently no state statute that requires hospitals or other providers to notify IDFPR if a patient makes an allegation against a health care worker, IDFPR is currently pursuing legislation to strengthen its authority to hold licensees in the medical profession accountable for sexual assault. This legislation would require health care facilities and health care providers to report allegations of sexual assault or sexual misconduct by other providers within 24 hours. This legislation would also reduce the mandated reporting timeframe for all offenses that result in personnel action from the current sixty-day requirement to thirty days."
None of this will take away what Matos describes as living with decades of pain. But it should ensure another woman does not go through the same thing.
"I thought I was the only one," Matos said. "I just want justice."
The three law firms behind the latest lawsuits also sent a letter to the Cook County State's Attorney's office and the Illinois Attorney General's office Wednesday – calling for a reopening of the criminal investigation of Fabio Ortega, given the number of women who have come forward.
Fabio Ortega Letter by Adam Harrington on Scribd
A spokesperson for Endeavor Health released this statement last week:
"As a healthcare provider, there is nothing more important than providing a safe and trusted environment for our patients, community and team members. It's a responsibility we take very seriously. We have absolutely no tolerance for abuse of any kind.
"We recognize the tremendous strength and courage it takes for survivors of abuse to come forward. We believe trust is earned, and we will always look for opportunities to demonstrate our commitment to the highest standards of safety and quality in our care. We have enhanced and continue to improve and evolve our processes and policies to ensure we have an environment that supports reporting of threatened or actual abuse. Our policies require we investigate all allegations of abuse that are reported to us, take prompt action in all matters and fully cooperate with law enforcement.
"We have focused on reviewing individual claims and are committed to engaging in a process that allows for meaningful review and response to each person impacted.
"Due to pending legal matters and patient privacy, we are unable to comment on any specific case or allegations."