LAS VEGAS -- The Nevada Supreme Court ruled it would not get involved with the case involving Dr. Dipak Desai, saying its intervention at this time is unwarranted.
Desai's attorney had appealed to the high court to stay the trial arguing he was unfit to stand trial because of a series of strokes he suffered.
An independent medical review suggested Desai was exaggerating the effects of the strokes.
The doctor is facing charges in connection with the 2007 outbreak of hepatitis C connected to unsafe practices at his endoscopy clinics.
The physician and a former employee, Ronald Lakeman, are charged with several crimes including second-degree murder for the death of former patient Rodolfo Meana.
Jury selection could be finished by Tuesday afternoon.