Controversial decision in Lausanne Schwyz doctor is a sex offender - minority of judges wants him to continue practising
A doctor from Schwyz may no longer practise his profession under his own responsibility following a conviction for sexual assault and defilement. This was decided by the Federal Supreme Court - despite the objections of some judges.
06.11.2025, 15:53
06.11.2025, 16:44
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- The Federal Supreme Court has ruled that a doctor in the canton of Schwyz was rightly stripped of his license to practice his profession under his own responsibility due to a legally binding conviction for sexual offences.
- The majority of the judges considered that the doctor was no longer trustworthy, a key requirement for a professional license.
- A minority considered the withdrawal to be disproportionate and pointed to the long period of time since the offense and the previous conditions.
The canton of Schwyz rightly withdrew a doctor's license to practice his profession under his own responsibility. The man's conviction for sexual offenses led to a loss of trustworthiness. This was decided by the Federal Supreme Court.
Following the withdrawal of his license, the 60-year-old may only work as a doctor under the professional responsibility of another doctor, for example as an assistant doctor.
A majority of the judges were of the opinion that the doctor was no longer trustworthy due to his conviction for multiple sexual assaults and defilement. However, trustworthiness is one of the prerequisites for granting the license that has now been revoked.
Milder measure
A minority of two judges took the view that the withdrawal of the license was disproportionate. It was possible to allow the doctor to continue practising under certain conditions. The canton of Schwyz imposed such conditions in 2017 after being informed by the Zurich authorities that a criminal investigation had been opened.
The minority also pointed out that the fact that the offenses were committed almost a decade ago had to be taken into account. This was not to trivialize the crimes committed. These would weigh heavily. However, the Schwyz authorities had not taken any further measures since 2017 until they were informed of the final conviction by the canton of Zurich in 2022.
In his comments, another judge pointed out that the criminal statute of limitations for prosecution for desecration is 15 years. After this period has expired, the judiciary may no longer prosecute a criminal offense. This time limit also plays a role for the administrative authorities and must be taken into account when considering the time that has elapsed since the offense was committed.
Zurich informed Schwyz
In January 2017, the Health Directorate of the Canton of Zurich informed the Office for Health and Social Affairs of the Canton of Schwyz that it was initiating supervisory proceedings. This was due to a criminal investigation opened by the public prosecutor's office against the doctor. Three patients had independently filed criminal charges against him.
At the end of August 2017, the Schwyz office banned the doctor from performing massages of any kind and manual therapies on female patients. He was also ordered to only treat patients in the presence of a medical practice assistant or a nurse.
Conditions imposed
In July 2022, the Federal Supreme Court confirmed the conviction of the now 60-year-old by the Zurich High Court for the sexual offenses. He was sentenced to a conditional prison sentence of 24 months. A year and a half later, the Schwyz authorities ordered the withdrawal of his license to practice his profession independently in the canton.
Until then and also during the ongoing appeal proceedings, the treatment conditions of August 2017 remained in place. A doctor does not only work under their own professional responsibility if they have their own practice. He also does so if he is employed but does not practice under the supervision of a licensed doctor.
