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Outpatient Surgery E-Weekly

Malpractice Verdicts Often Favor Physicians

Physicians come out on the winning end of 80% of malpractice claims that end in jury verdicts, according to researchers at Massachusetts General Hos...

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Wrong-site, wrong-patient and wrong-procedure surgery must be prevented at all costs. The 3 steps of the Joint Commission's Universal Protocol make ...

Home > News > April, 2011

Jury Acquits Texas Oral Surgeon in Alleged Medicaid Fraud Scheme

Feds had accused surgeon of bilking Medicaid for $4.6 million in fraudulent billings.

Published: April 25, 2011
Categories: Code/Bill/Reimburse, Legal/Regulatory, News

A Texas oral surgeon accused of bilking Medicaid for $4.6 million in fraudulent billings was acquitted on Friday after an 8-day trial and 2 days of jury deliberations.

Federal prosecutors had originally charged Gary Morgan Schwarz, DDS, of McAllen, Texas, with 22 counts, but those charges were whittled down to 8 counts of attempt and conspiracy to commit mail and healthcare fraud. Specifically, the government accused Dr. Schwarz of speeding low-income patients through his clinic and overbilling Medicaid for tooth extractions.

A paid informant for the government filmed video of Schwarz allegedly running an "assembly line" of patients through his clinic. But neither the video nor testimony from two of Dr. Schwarz's former employees convinced the jury that the surgeon had done anything wrong. Tony Canales, Dr. Schwarz's attorney, argued that all the procedures and billings were legal. The jury found Dr. Schwarz not guilty on Friday.

"Gratitude to God for providing me with a family, with the support of my church, friends, family, patients, dentists who sustained me through this and then to be exonerated on Good Friday," Schwarz told reporters. "It boggles my mind. I can't get it into words."

Irene Tsikitas

© Copyright Herrin Publishing Partners LP 2011. REPRODUCTION OF THIS COPYRIGHTED CONTENT IS STRICTLY PROHIBITED. We encourage LINKING to this content; view our linking policy here.


Also in the News...

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Patient Dies After Admission for Gallbladder Surgery That Wasn't Performed

Orthopod Owes $150,000 for Post-Op Knee Infection

Ophthalmologist Sues His Own ASC for Blocking Plans to Open Competing Center

So-What Study Finds That ASC Owners Perform More Surgery

CMS Updates Emergency Equipment Requirement

© Copyright Herrin Publishing Partners LP 2011. REPRODUCTION OF THIS COPYRIGHTED CONTENT IS STRICTLY PROHIBITED. We encourage LINKING to this content; view our linking policy here.

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