Consumer Law

Medical Malpractice in Illinois: Is the Chicago Tribune On a New Path?

By Joe Consumer

When it comes to the Chicago Tribune?s historical take on patients? legal rights, it?s been like sitting through ad nauseam versions of the 1999 flick 10 Things I Hate About You.  Their editorials over several years have repeatedly endorsed draconian caps on compensation for patients (August 26, 2005 editorial "Ending the Exodus"), criticized Illinois courts for striking down caps as unconstitutional (February 5, 2010 editorial ?A Disastrous Decision") and giving comfortable platforms to business-backed tort reform groups to recap the paper?s editorial position on all of the above (February 10, 2010 op ed, ?Court Hands Victory to Trial Lawyers.?)

Could the paper be having a change of heart?

This week, the paper published several articles about doctors who sexually abuse patients (talk about medical malpractice!), and the failure of regulators to do anything about it.   That leaves the civil justice system as the last line of defense.

For example:

A Tribune review found that it took at least four patients coming forward with complaints of sexual assault and abuse before Ricardo Arze was charged in criminal court and had his license suspended. By that time, the family physician had allegedly assaulted at least 21 women and girls at his Arze Doctors Center in Berwyn, according to records. Berwyn police did not inform state regulators of the 2003 and 2005 allegations against Arze until 2007. State law does not require the department and police to share such information.

Here?s another:

A Tribune review found that 16 individuals on the Illinois registry of sex offenders have held a state medical license within the past 15 years, and not one had his license permanently revoked following his conviction. The department has interpreted the state Medical Practice Act to mean it cannot permanently revoke a physician's license unless a doctor has been twice convicted of felonies involving controlled substances or public aid offenses. Nercy Jafari, who was convicted of sexually abusing a patient, was never punished by the department in any way. In response to the Tribune report, the state Department of Public Health moved to shut down the Grand Avenue Surgical Center in Chicago, where Jafari serves as medical director.

And there?s more:

A Tribune review found Bruce Smith, a Chicago gynecologist, was allowed to continue practicing for years despite multiple allegations of rape and sexual abuse. Authorities were dismissive of three patients who came forward with allegations of rape. And state regulators did not seek sanctions until a seventh woman alleged misconduct. The state's response was to suspend Smith's license for a minimum of nine months. Following the Tribune story, the state's attorney's office charged Smith with sexual assault in one of the cases. According to prosecutors, a rape exam of the alleged victim turned up semen in 2002, but officials did not initially request a DNA sample from Smith. In May, the state crime lab determined his DNA profile matched the semen.

It goes on and on and on.

But this devastating series isn?t the only surprise in the paper this week.

A few days ago, the paper endorsed the retention of Illinois Supreme Court Justice Thomas Kilbride, even though his ouster is a priority for tort reform groups.  Justice Kilbride sided with the majority in striking down Illinois? unconstitutional cap.  The paper wrote, ?we?re casting our vote to protect every judge's independence. An honest interpretation of the law, even if we disagree with it, is not reason to bounce a judge from the bench."

I don?t know if we?re on the road to revolution here, but as the Chinese Taoist Philosopher Lao Tzu once said, ?A journey of a thousand miles begins with a single step.?

Full post as published by ThePopTort on October 08, 2010 (boomark / email).