Quantcast
Home manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Sat Sun Mon Tue Wed Thu Fri

sponsored by
News


PUBLIC HEALTH CRISIS: State seeks to suspend licenses

Medical board moves against Desai, Carrera







Citing a need to "protect the public from further harm," the state medical board filed court papers Monday afternoon to temporarily suspend the medical licenses of two doctors connected to the hepatitis C outbreak.

The documents ask a District Court judge to suspend the licenses of Drs. Dipak Desai and Eladio Carrera pending disciplinary proceedings by the Nevada State Board of Medical Examiners, which lodged formal malpractice complaints against both doctors on Friday.


Most Popular Stories
  • NORM: Terry Fator, wife ending marriage
  • NORM: Blaze breaks out during magic act
  • NORM: Jackson worked on album at Palms
  • Ex-Ensign aide details wife's affair
  • NORM: Jacksons set up LV memorial area
  • SENATOR'S AFFAIR: Hamptons given $96,000 in gifts
  • LV area residential real estate sales reach record in June
  • Ensign wrote lover a letter, saying their affair was a 'sin'
  • Coroner says sexual assault suspect killed by police was shot in back
  • Official: Fatal gunshot in back




  • Desai and Carrera, two of four co-owners of the Endoscopy Center of Southern Nevada, each performed medical procedures on three patients who were infected with the potentially deadly liver disease because of unsafe injection practices at the clinic, according to the documents.

    The board's action came after weeks of public outcry and pressure from state lawmakers, who as recently as last week publicly questioned the board's lack of action.

    "After nine weeks, I'd say it's about time,'' said Assemblywoman Sheila Leslie, D-Reno. "I'm encouraged that they are finally taking action. The sooner the better.''

    Irritated with the board's lack of urgency in investigating the clinic's physicians, Leslie and state Sen. Steven Horsford, D-Las Vegas, sent a letter to Gov. Jim Gibbons on Friday urging him to push the medical board to summarily suspend the doctors' licenses or appoint a special counsel to investigate.

    That same day, Tony Clark, the medical board's executive director, told Leslie to expect legal action against the doctors this week.

    "The Legislature wanted us to do something," said Doug Cooper, the board's chief of investigations, in explaining Monday's legal move.

    Medical board Secretary-Treasurer Donald Baepler, through lawyers with the attorney general's office, filed applications for temporary restraining orders and motions for preliminary injunctions against Desai and Carrera.

    No hearing dates had been set as of late Monday. A hearing on the restraining order would likely be held within three to four weeks, with a hearing on the preliminary injunction about two weeks after that, according to Robert Eglet, a lawyer representing patients suing the clinic. A judge could also hold both hearings the same day.

    Desai's case was assigned to District Judge David Wall. Carrera's case was assigned to District Judge James Bixler after District Judge Jennifer Togliatti recused herself.

    In its court filing, the board said suspending the medical licenses of Desai and Carrera was necessary "to protect the public from further harm."

    Desai, a majority owner of the clinic at 700 Shadow Lane, performed the July 25, 2007, colonoscopy on a 67-year-old man who was later diagnosed with acute hepatitis C, the court papers said.

    Desai also performed colonoscopies on Sept. 21, 2007, on a 37-year-old woman and a 72-year-old man who contracted acute hepatitis C at the clinic, according to the documents. On the same day, Carrera performed procedures on three women, ages 54, 67 and 68, who contracted acute hepatitis C, according to the documents.

    Lawyers for Desai and Carrera could not be reached for comment.

    Hepatitis C is an inflammation of the liver caused by the hepatitis C virus, which is usually spread by blood transfusions, blood dialysis and needle sticks. The damage it causes can lead to cirrhosis and liver cancer.

    Investigators with the Southern Nevada Health District believe the six patients contracted the disease when nurse anesthetists reused syringes on infected patients and contaminated single-use vials of anesthesia that were used on multiple patients.

    The outbreak led public health officials to notify 40,000 clinic patients of possible exposure to blood-borne diseases, including hepatitis and HIV. Health officials have since linked a seventh hepatitis C case to the Shadow Lane clinic and an eighth case to an affiliated clinic, the Desert Shadow Endoscopy Center at 4275 Burnham Ave. Officials have yet to issue a patient notification with the Burnham clinic because they haven't gained access to the needed medical records.

    Health district officials announced the outbreak on Feb. 27 and filed a formal complaint with the medical board a week later.

    In early March the state Board of Nursing announced that six nurse anesthetists had surrendered their licenses pending an investigation. About 20 other registered nurses and licensed vocational nurses who worked at the endoscopy center have since been interviewed and could be disciplined for failing to report unsafe practices, said Debra Scott, the nursing board's executive director.

    In an informal agreement brokered by medical board president Dr. Javaid Anwar, Desai voluntarily agreed to stop practicing medicine during the board's investigation. Desai, a longtime friend and business associate of Anwar, was allowed to keep his license and potentially practice outside Nevada.

    No action was taken against 13 other doctors who worked at the clinics and affiliated medical practice, the Gastroenterology Center of Nevada.

    At last week's legislative hearing, lawmakers grilled Clark about the medical board's lack of action against the doctors. Clark said the regulatory board couldn't summarily suspend the doctors' licenses because they weren't an "immediate threat" to the public.

    "We just never felt we had enough evidence for a summary suspension after the city and county shut the clinics down," Clark said.

    Clark said he had asked Chief Deputy Attorney General Christine Guerci-Nyhus "three or four weeks ago" to look into taking Monday's legal action. By late last week, the evidence "finally came together to take action," he said.

    Clark would not comment as to whether more doctors would face disciplinary action.

    "I don't understand why it took so long," Leslie said. "I think when you have a crisis of this nature, you have to reassure the public that action is being taken.''

    That thought was echoed by Monica Ashby, who believes she contracted hepatitis C during her May 2005 colonoscopy with Desai at the Shadow Lane clinic.

    "Why didn't they do this a long time ago?" she said. "Thank God they have finally taken action."

    Contact reporter Paul Harasim at pharasim@reviewjournal.com or 702-387-2908. Contact reporter Brian Haynes at bhaynes@reviewjournal.com or 702-383-0281. Contact reporter Annette Wells at awells@reviewjournal.com or 702-383-0283.

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 34 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    Jim wrote on April 30, 2008 12:54 PM: Wrong, wrong, wrong O'Neill...health investigators found through document review and interview that these practices were carried out at the direction of Dr. Desai, not some rougue RN or lesser medical professional. You have no evidence to support your claim that there is no health crisis. However, anyone can do a little research and find that this is the largest instance of cross contamination in US history, which does qualify as a crisis. Read the report at the Health District website and take in some facts...


    David Johann wrote on April 29, 2008 11:48 PM: John O'Neill is right. It's far more likely R-J editorial writer Vin Suprinowicz will mistake me for a burglar and shoot me than I'll catch anything from one of Desai's colonoscopy mills.


    Cynical Observer wrote on April 29, 2008 09:57 PM: So, the RJ's late news says that Dr. Desai's license has been formally suspended by the Board of Medical Examiners.

    See how easy it is, when you have a lawyer for the state who has a brain, and a judge who is ELECTED.

    I am glad the Attorney General's office is doing a careful job to protect the due process rights of all 14 doctors who were involved with the Desai clinics.

    Then again, God bless Oscar Goodman who used common sense and chutzpah to do what the more conservative lawyers would not do! Bring about a shut down of the clinics on an ASAP basis.

    Last time I heard, Governor Jim Gibbons claimed to be a lawyer...or at least he tried to be for a few days before he wussed out.


    John O'Neill wrote on April 29, 2008 09:54 PM: These VERY few cases of HEP C are isolated and could have been the fault of any number of caregivers at the clinic. The doctors cannot be held responsible if another medical professional acted criminaly. This is a witch hunt!


    John O'Neill wrote on April 29, 2008 09:48 PM: How many times do I have to explain this to EVRYBODY!
    There is NO HEALTH CRISIS!
    Very few cases of HepC and even fewr proven to be from the clinics!
    How many lives did thes doctors save in the last four years! THOUSANDS!


    Awaitihg wrote on April 29, 2008 08:03 PM: jazz=22 rest your fingers as you are really annoying!Grammar is not the basis for the heath crisis in this state! Like minute rice you seem to want to be perfect everytime!And that is all I really want to waste my time with your English class! GROW+UP


    mark wrote on April 29, 2008 07:48 PM: Jaz_22 Thank You for alerting me to my typo. You added one more "i" to the word than I did, but I suppose you are allowed your poetic license. I stand by my original staement. A physician is becoming a job, as George Bush would say, "... an American won't do". Med school is terribly expensive and the payoff not certain. I know of a physician who wanted to return to work after recovering from an accident and was offered $28 by an HMO. A doctor educated in INdia will take that salary, one educated here can't. This issue does not need to be complex. We've allowed big business and Congress to destroy what made this country great. Sorry if you are a new arrival to America but things were better in many ways 50 years ago. Technology has advanced but our social fabric is in tatters.


    jackson wrote on April 29, 2008 06:42 PM: Why are our elected officials, namely our gov, our senators, our county officials, and city officials and congress people so silent on this issue that affected so many of their constituents?

    Isn't this almost on the same scope as a federal disaster for the people of Las Vegas? It certainly affected enough people.

    Why the deafening silence?!


    sicker by the day wrote on April 29, 2008 06:23 PM: Was advised by Desai to eat lots and lots of curry! Now I know why!


    GUNGADEN wrote on April 29, 2008 01:41 PM: DOES ANYONE HAVE A RECIPE FOR INDIAN CURRY,IM HUNGRY?


    Read All Comments