Defiant Surgeon Alleges 20-Year Vendetta Over Misconduct Findings
Suspended cosmetic surgeon Jerry Schwartz has launched a vigorous defence against recent misconduct findings, claiming they represent the culmination of a two-decade vendetta waged against him by New South Wales' medical regulatory body. The prominent doctor, who also owns multiple hotels across NSW and Queensland, remains defiant in the face of multiple practice restrictions and tribunal determinations.
Multiple Practice Restrictions Since 2013
Dr Schwartz has faced escalating restrictions on his medical and surgical practice since 2013, with the latest findings from the NSW Civil and Administrative Tribunal (NCAT) representing the most serious allegations to date. The tribunal determined that Dr Schwartz breached existing conditions by administering fentanyl to eight patients undergoing cosmetic procedures between 2019 and 2021.
"I've been told on many occasions that I am the victim of tall poppy syndrome," Dr Schwartz stated, suggesting his success in both medicine and business has made him a target. "My business interests increased over the decades, but I was also running a large general practice, a travel medical center and a cosmetic medicine and surgical centre."
Fentanyl Use and Sedation Definitions at Heart of Dispute
The central controversy revolves around Dr Schwartz's use of fentanyl during cosmetic procedures and whether this constituted conscious sedation. The tribunal rejected his defence team's submission that anesthetic guidelines distinguish between three levels of sedation and that Dr Schwartz only used fentanyl for minimal pain relief.
Dr Schwartz plans to challenge this determination, arguing that the medical council only recently identified fentanyl as an off-label drug that could be used for conscious sedation. "It's only since then that the medical council discovered fentanyl as an off-label drug that can be used for conscious sedation," he explained. "All of a sudden they looked through all my notes and saw that I had given fentanyl on eight different occasions so they came after me for that."
Additional Findings Regarding Family Treatment and Self-Prescribing
The tribunal's investigation, which involved subpoenaing Dr Schwartz's medical files, revealed additional concerning practices:
- Inappropriate treatment of family members, including administering vaccinations to his 12-year-old son
- Treatment of an employee in circumstances that raised professional concerns
- Self-prescribing sleeping pills on 15 occasions over 25 years
- Receiving injections of the muscle relaxant Dysport into his forehead on two occasions
Regarding his son's treatment, Dr Schwartz defended his actions: "My son was 12 at the time and he said 'I want you to give me the injection' and I did. There's nothing wrong with that." He clarified that a clinical nurse administered the Dysport injections to his forehead, not himself.
Skin Cancer Advice Taken Out of Context
Another finding involved Dr Schwartz advising a patient that their skin cancer would not spread. He maintains this statement was taken out of context. "I did state that the skin cancer could not spread, but what wasn't mentioned was that I was referring to a basal cell carcinoma, which does not spread," he asserted.
Determined to Fight On Despite Pressure
Dr Schwartz claims the medical council has actively sought his retirement from the profession. "They've even asked me in one of the hearings if I would consider retiring," he revealed. "The answer is absolutely not."
He attributes his ability to continue fighting the allegations to his financial resources. "I'm lucky enough that I've got the funding to pay for my lawyer and my barrister," he stated, suggesting many other doctors would have surrendered under similar pressure.
The case has been adjourned for a second hearing relating to protective orders, with a date yet to be determined. Dr Schwartz remains determined to clear his name against what he describes as "ongoing bullying" by regulatory authorities.
