Judge Wants Desai Medically Evaluated - 8 News NOW

Judge Wants Desai Medically Evaluated

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Dipak Desai is wheeled into court on March 7, 2013. Dipak Desai is wheeled into court on March 7, 2013.

LAS VEGAS -- A judge will not delay the trial for disgraced Dr. Dipak Desai despite another push by his lawyers saying he is not fit to go to trial after suffering another stroke.

"I represent a client who has diminished capacities," Desai's attorney Richard Wright said.

Judge Valerie Adair did order Desai to have a medical evaluation to determine if he did have another stroke and if there was any brain damage.

Desai is scheduled to go on trial April 22 for the worst clinic-related hepatitis C outbreak in American history.

Desai was wheeled into the courtroom at the Regional Justice Center Thursday morning. The physician was required to be in court for an update on the case, which stems from a health crisis that began at Desai's Endoscopy Center of Southern Nevada.

Desai's attorneys believe he may have suffered another stroke and was admitted to Summerlin Hospital for a six-day stay last month. The judge noted she was skeptical because Desai, who's suffered two previous strokes, has exaggerated his health condition in the past.

"In this particular case, given its history, given the fact that Dr. Desai has already been found to be a malinger, an exaggerator, I must look at this recent request with submission," Judge Adair said.

"You can cast aspersions on him all you want, the decisions are mine and I will keep making them. He is not capable right now," Wright said.

Health officials say Desai practiced substandard medicine at his clinics, using dangerous injection practices that spread hepatitis to unknowing patients. He's facing a list of criminal charges, including a second degree murder charge, for the death of former patient Rodolfo Meana.

The judge told both the state and the defense to get together to find a doctor who can independently evaluate Desai. She doesn't want to delay the trial any further. It has already been more than five years since the outbreak.


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