Dr. Martin L. Schwartz

By Martin L. Schwartz, MD, PhD, and John Patrick O'Grady, MD
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Dr. Schwartz is an obstetrician/gynecologist in the Department of Obstetrics and Gynecology, Northwest Permanente PC, Portland, Ore.
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Martin L. Schwartz, MD, PhD, has no information to disclose.
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Authors: Martin L. Schwartz, MD, PhD, and John Patrick O'Grady, MD
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Martin Schwartz, John O'Grady.

The lawsuit was filed against the hospital and its parent company, Berkshire Health Systems, in June 2003 by obstetrician/gynecologist Dr. Martin Schwartz, now a Missouri resident.The suit originally included separate breach-of-contract claims, but they were dismissed following a court hearing last month.

Schwartz had claimed that Fairview reneged on its contract by failing to pay him more than $420,000 for night and weekend on-call coverage, above and beyond his $258,602 salary.

But Magistrate Judge Kenneth P. Neiman, granting a request by the defendants, dismissed that claim Nov. 24, based on vagaries in Schwartz's employment contract and the statute of limitations.
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Schwartz was 59 when his contract was terminated in 2001.
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The most pointed, Neiman noted, were the opinions of ad-ministrators that they "had lost patience with [Schwartz's] refusal to consider adjusting his compensation at a time when smaller hospitals, like Fairview, were being squeezed by various financial pressures."
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Schwartz refused, saying that the health systems' billing, collection and accounting procedures were to blame for financial problems impacting his practice.

He began job hunting in the spring when discussions broke down and has since relocated to Missouri.He was replaced by Dr. Tim Moore, 48, who was later joined by Dr. Luzvimin Garzon, who was 61 at her hiring.The two are still running the hospital-based practice, Barrington OB/GYN.

Attorney Robert L. Dambrov of the Springfield law firm Cooley Shrair, representing Schwartz, said that no effort has been made by Berkshire Health Systems to settle the matter to avoid a trial.
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Schwartz did not return a message left at his home.

Although the hefty breach-of-contract claims have been thrown out, the lawsuit gives some insight into the workings of Berkshire Health Systems and the internal politics of a practice involving a physician who was for years Fairview's highest paid employee, according to past tax documents released by Fairview.

According to the lawsuit and the Nov. 24 Neiman decision, Schwartz was recruited to join Fairview after a period in which recruiting an OB/GYN specialist had been difficult.The hospital recruiters were excited by Schwartz's experience and credentials, and they told Schwartz that they did not view the specialty as a money-maker, but as a "loss-leader" in providing a priority hospital service, according to court documents.

At the time of negotiations, Schwartz was promised a call schedule of alternate nights and weekends, with the on-call schedule to be shared with Dr. Robert Namiot, another longtime local specialist, and other physicians.
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According to court documents, however, Namiot spoke with Schwartz on his first day on the job and "and told me he would not allow me to cover his practice."
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Schwartz expressed displeasure with the demanding call schedule, however, and hospital President Claire Bowen agreed to pay Schwartz an additional $100 per night of call coverage, an amount that totaled $2,400.
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Schwartz expressed displeasure with the demanding call schedule, however, and hospital President Claire Bowen agreed to pay Schwartz an additional $100 per night of call coverage, an amount that totaled $2,400.
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The lawsuit also states that Schwartz was replaced by Moore, who was less experienced and not board certified as an obstetrician gynecologist.
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Sikorski said Schwartz purchased land in Missouri to grow grapes for a winery.

In addition, a petition seeking compensation from former Fairview Hospital obstetrician/gynecologist Dr. Martin Schwartz for $4,000 to $5,000 worth of "out of pocket expenses" will be filed on behalf of his client within a week, Sikorski said.
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Schwartz filed an age discrimination lawsuit against the hospital and its parent company, Berkshire Health Systems, in 2003.
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Speaking from his in-laws' home in Chatham, N.Y., Schwartz said he received a fair trail and did not intend to appeal the ruling.

"The jury listened very carefully, and the judge was very fair," Schwartz said.
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Before Schwartz's 2001 termination, Dr. Robert Cella, vice president of a Fairview staffing subsidiary, and Anthony Rinaldi, the hospital's financial officer, had told Schwartz that they wanted to reduce his salary to $150,000.
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Before Schwartz's 2001 termination, Dr. Robert Cella, vice president of a Fairview staffing subsidiary, and Anthony Rinaldi, the hospital's financial officer, had told Schwartz that they wanted to reduce his salary to $150,000.
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Schwartz refused, saying that the health systems' billing, collection and accounting procedures were to blame for financial problems affecting his practice.

Yesterday, Schwartz said he filed the suit because he believed "strange things went on" prior to and leading up to his termination "that might have included age discrimination."

Schwartz was 59 when his contract was terminated in 2001.

He declined to elaborate on the "strange things."
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Neiman noted that there were various reasons given by the hospital for Schwartz's termination, including the administration losing its "patience with [Schwartz's] refusal to consider adjusting his compensation at a time when smaller hospitals, like Fairview, were being squeezed by various financial pressures."
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Schwartz began job hunting in the spring when discussions with Fairview broke down and has since relocated to Missouri.He was replaced by Dr. Tim Moore, 48, who later was joined by Dr. Luzvimin Garzon, who was 61 at her hiring.The two are still running the hospital-based practice, Barrington OB/GYN.

The lawsuit also stated that Schwartz was replaced by Moore, who was less experienced and not board certified as an obstetrician gynecologist.

Speaker: Martin Schwartz, MDTopic: "Controversies in the Labor and Delivery Room"Dr. Schwartz is a board certified Obstetrician/Gynecologist at Bay Point Maternity and Women's Health.

Martin Schwartz, MD, delivered the baby at seven minutes after midnight on the morning of December 26th.