Prominent Surgeon Found Guilty of Professional Misconduct by NSW Tribunal
Prominent Hunter hotel owner and cosmetic surgeon Dr Jerry Schwartz has been found guilty of professional misconduct by the NSW Civil and Administrative Tribunal (NCAT). The tribunal delivered its verdict after examining multiple serious breaches of medical regulations, including the unauthorised use of fentanyl on patients.
Multiple Regulatory Breaches Uncovered
Dr Schwartz, who is currently suspended from practising medicine in Australia, faced numerous allegations regarding his professional conduct. The tribunal found he had administered fentanyl to eight patients undergoing cosmetic procedures between 2019 and 2021, despite being explicitly prohibited from providing conscious sedation since 2017.
The tribunal determined that Dr Schwartz knowingly violated these restrictions, with the panel describing his repeated use of fentanyl as "particularly serious". In their findings, they noted that "when a practitioner is given the opportunity to continue to practise with conditions imposed upon his registration, it is on the basis that the imposition of those conditions will be sufficient to protect public safety."
Additional Professional Standards Failures
Beyond the fentanyl violations, the tribunal identified several other significant breaches of professional standards:
- Advising a patient that their skin cancer "won't spread"
- Instructing staff to forge his signature on a patient's medical form
- Inappropriately treating family members, an employee, and himself
- Self-prescribing sleeping pills on fifteen separate occasions
- Injecting the muscle relaxant Dysport into his own forehead twice
The tribunal expressed considerable difficulty in accepting Dr Schwartz's evidence, citing poor record-keeping practices and conflicting testimony. Their decision stated they would not accept "any uncorroborated assertions or opinions by [Schwartz] unless they are uncontroversial, inherently likely or accompanied by corroborative evidence."
Defence Arguments Dismissed
During a September hearing, Dr Schwartz denied all allegations against him, arguing that administering fentanyl did not constitute conscious sedation and that the conditions placed on his registration were unclear. The tribunal dismissed these arguments as having no merit, finding him "disingenuous" in his assertions.
The tribunal concluded that the collective breaches were serious enough to warrant suspension or cancellation of Dr Schwartz's medical registration. They determined he had knowingly involved himself in conscious sedation of patients through his fentanyl use.
Planned Appeal and Response
Dr Schwartz has announced his intention to appeal the tribunal's decision, claiming medical administrators have targeted him for over fifteen years. "There are so many urgent issues in the medical sector that you do have to wonder whether all the time they take to try and get rid of good doctors, rather than concentrating on enhancing services for patients, is justified," he stated.
The prominent businessman, who is estimated to be worth $667 million and is currently restoring Newcastle's former Post Office building, maintains his innocence regarding all complaints. The case has been adjourned for a second hearing regarding protective orders, with a date yet to be determined.
