Time is running out for thousands of patients of the Endoscopy Center of Southern Nevada if they want to file medical malpractice charges. Attorneys for the patients are fighting hard to prove their clients were indeed treated at the clinic before the statute of limitations is up.
One of the biggest challenges attorneys have faced is getting their hands on patient records, which would prove to the court that their clients were in fact patients of the clinic. Without those records, there are potentially hundreds of victims who might not get a chance to be a part of this class action lawsuit.
Tuesday, attorneys reminded the judge that the statute of limitations to file charges in a medical malpractice case is almost up. They believe plaintiffs have until February to file charges.
But without those records, it is very difficult to prove their clients were treated at the clinics during the dates in question.
Plaintiff's attorneys say it's not only hard getting records from Metro and the company organizing the records, but they say they are not getting cooperation from the defense.
"We've been getting the run around. Everyone is pointing the finger at everybody else and there are four different places where the records could be. So hopefully the judge will hold somebody accountable to be the quarterback for these records," said attorney Ed Bernstein.
The special hearing has been set for this issue on Thursday morning.
Attorneys are hoping the judge orders the defendants to cooperate and hand over all of the records they still have in their possession.
Another topic that was discussed was the financial transactions of Dr. Desai's and Dr. Carrera.
The doctors have not been able to make any transactions of over $50,000 without the court's approval. This is to prevent the doctors from possibly moving assets.
In just a few weeks, a judge will decide if that injunction will remain in place.