Desai Unfit to Participate in Defense - 8 News NOW

Desai Unfit to Participate in Defense

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A decision's been made that Doctor Dipak Desai, the doctor at the center of the Hepatitis C crisis, is too sick to participate in his own defense.

For months, both the state Medical Board and law enforcement have sought to determine the severity of a stroke Desai suffered in July of 2008. His attorneys argue Desai is medically unfit to proceed with legal action.

Now it seems an independent medical expert hired by the board agrees. He found Desai would "have difficult assisting counsel currently."

In a written order filed Wednesday, the board's hearing officer orders Desai to undergo additional medical testing. The results of which must be provided by July 14, 2009.

According to the report filed by Dr. Thomas Kinsora, additional medical imaging is needed to compare with tests conducted at the time of Desai's stroke.

Desai was the owner and operator of two endoscopy clinics in southern Nevada linked to nine confirmed cases of hepatitis C.

That July deadline may be the make it or break moment for Desai. If he is not able to proceed with a licensing hearing, then theoretically he's also not fit to practice medicine. However that is likely to be little consolation to those who want a full hearing.

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