1. Provide the title of your story or series and the names of the journalists involved.
"Predatory Doctors," a series by Chicago Tribune Reporter Megan Twohey
2. List date(s) this work was published or aired.
April 30 – Women charged rape; doctor still practiced. Since 2000, 7 women have accused Dr. Bruce Sylvester Smith of sexual assault or inappropriate contact with them while under his care. This summer he will be eligible to apply for reinstatement of his license after a 9-month suspension. May 28 – Rape claim catches up to longtime gynecologist. Doctor who kept license despite allegations charged in 2002 case May 29 – DNA evidence in rape case sat for 8 years. Officials didn't ask doctor suspect for sample until May June 20 – Doctor. Sexual abuser. Or both. Convicted offenders don't lose medical licenses permanently; some escape discipline entirely July 30 – Sex-abuse claims filed; doctor still practiced. Police were slow to act, say some of physician's alleged victims Aug 19 – Abuse case has heat on clinic. State is seeking to shut center run by convicted sex offender Aug 23 – Now harder to check up on doctors. Profiles that gave info on convictions, malpractice have been taken offline Oct 7 – Doctors in sex cases put on 'honor system.' Probation program in cases of sexual misconduct offers little oversight from regulators Nov 14 – Doctor accused of preying on patients; And he's still practicing Nov 19 – Clamps sought for sex violators November 29 – Legislation to target doctors' sex abuse. Sexual misconduct by physicians on agendas December 2 – Senate OKs crackdown on doctors in sex crimes Dec. 19 – State medical lobby a roadblock to legislation barring dangerous doctors Dec. 28 – Doctors in sex cases get secrecy
3. Provide a brief synopsis of the story or stories, including any significant findings.
Illinois authorities have failed to stop predatory doctors from practicing even when there's been evidence of sexual abuse or rape. " At least 16 individuals on the Illinois registry of sex offenders have held a state medical license within the past 15 years. Not one has had his license permanently revoked following his conviction. " The state agency responsible for policing the conduct of doctors has interpreted the state Medical Practice Act to mean it cannot permanently revoke a physician's license unless the doctor has twice been convicted of felonies involving controlled substances or public aid offenses. Nercy Jafari, a doctor convicted of sexually abusing a patient, was never punished by the agency in any way. " It wasn't until four patients came forward with complaints of sexual assault and abuse that Ricardo Arze, a family physician, had his license suspended. By that time, the doctor allegedly had assaulted at least 21 women and girls at his Arze Doctors Center in Berwyn. Berwyn police did not inform state regulators of the 2003 and 2005 allegations against Arze until 2007. Illinois law does not require the state regulatory agency and police to share such information. " The state regulatory agency placed behind electronic lock and key online profiles of the state's doctors, including information about whether they've been convicted of a crime, fired by a hospital or forced to make a medical malpractice payment within the previous five years. The Illinois doctors' lobby had fought for more than a decade to prevent the online profiles from being made public. " Because sex crimes can be difficult to prosecute, doctors are sometimes convicted of misdemeanor battery. Regulators place these doctors, as well as physicians found guilty by the medical disciplinary board of misconduct of a sexual nature, on an underfunded and overburdened professional probation program that does little to prevent them from reoffending. Other offenders have been monitored in a similar way — only out of public view — by the Illinois Professionals Health Program, a private organization established by the doctors' lobby. Critics say this off-the-books program for the treatment of dangerous doctors is no substitute for disciplinary action. " When predatory doctors target vulnerable patients, and the system fails to stop them, the results can be devastating. One of Allan Aven's victims was admitted to a psychiatric ward. Another committed suicide in the parking lot of his office. " Wielding influence through a dozen lobbyists and more than $6 million in campaign donations over the last 10 years, the Illinois doctors' lobby has blocked legislative efforts to further restrict dangerous physicians. The group is working to block the reforms proposed in response to the Tribune series.
4. Explain types of documents, data or Internet resources used. Were FOI or public records act requests required? How did this affect the work?
Reporting for this story was challenging because the Illinois Department of Financial and Professional Regulation organizes its files in ways that make it difficult to identify disciplinary cases involving sexual misconduct. But the regulatory agency does release on a monthly basis the names of disciplined doctors and brief descriptions of the reasons for its actions. I pored through years of these public listings and selected the names of doctors whose offenses appeared to be of a sexual nature. I then began requesting all the public records in these cases, such as complaints, suspension orders and transcripts of hearings. At the same time, I asked the department to identify Illinois doctors who were on the state's registry of sex offenders and to provide all public disciplinary records related to those cases. As the agency began turning over hundreds of state documents, I took my search to area courthouses and police stations, where I gathered relevant criminal and civil records. I relied heavily on the state FOI law, but still ran into significant problems obtaining information from the Illinois Department of Financial and Professional Regulation. The agency repeatedly failed to meet deadlines for turning over records and could take as long as six months to produce certain information. The agency refused to disclose even the total number of complaints against doctors, insisting that only those complaints that resulted in disciplinary action were public. The Tribune challenged this denial, and the Illinois Attorney General ruled that the number of complaints was in fact public information, but the department has continued to withhold this data. The Tribune has also challenged the department's refusal to release copies of certain probation reports and agreements that allow doctors to sidestep public discipline and be monitored by a private agency created by the doctors' lobby. The Attorney General's office has yet to make determinations in these cases. I have cited the department's refusal to provide this information in my stories.
5. Explain types of human sources used.
I received some assistance from former state regulators and attorneys who represent doctors, but the most valuable human sources were the victims and the doctors themselves.
6. Results (if any).
As a result of my stories, a doctor has been charged with the rape of a patient, another physician convicted of sexual abuse of a patient has had the license for his center revoked, and Arizona officials have launched an investigation of a physician who recently moved to Tucson from Chicago based on my coverage of his sexual relationships with patients. Lawmakers are currently considering a range of statewide reforms of the medical disciplinary process. Legislators credit the Tribune series with raising public awareness of the flawed methods by which predatory doctors are disciplined in Illinois.
7. Follow-up (if any). Have you run a correction or clarification on the report or has anyone come forward to challenge its accuracy? If so, please explain.
In my Oct. 6 story, I referred to a doctor as Frederico Aliaga, when the correct spelling is Federico Aliaga. I mistakenly wrote that he was placed on probation for a minimum of three years, when he was placed on probation for a minimum of two years. I recognized these mistakes on my own. In my July 30 story about a doctor named Ricardo Arze, I mistakenly wrote that Berwyn police contacted state regulators in 2007 after additional complaints were made against him. In fact, state regulators contacted Berwyn police in 2007 after receiving a complaint against Arze. This mistake was brought to my attention by the Department of Financial and Professional Regulation.
8. Advice to other journalists planning a similar story or project.
Don't write about a sexual misconduct case unless you track down the victim and speak with her (or him) directly. Only when you talk to the victim can you get a better sense of whether the allegations are, in fact, true. Also, I find that speaking with victims keeps me motivated when difficulties with the reporting make it hard to keep going.