Las Vegas Sun

November 21, 2009

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Endoscopy center closed by the city today

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The Endoscopy Center of Southern Nevada, where sloppy medical practices have sickened six patients with Hepatitis C and exposed about 40,000 others to that, hepatitis B and HIV, was closed down Friday by an emergency action of the city.

The city's business services division manager, noting that practices at the clinic were likened to "driving the wrong way down the freeway," said such behavior could not be tolerated.

State and federal investigators told the city that members of the clinic's nursing staff knew of the poor techniques, which included reusing syringes when drawing medicine from vials, and sharing vials among patients, resulting in cross contamination.

The nurses said they were told to cut those corners by their bosses, even though they knew they "risked contaminating patients with life communicable diseases."

One investigator told Jim DiFiore, the business services manager, "It's very hard to believe that they won't do it again."

The city offered a post-suspension hearing on Monday at City Hall.

Discussion: 16 comments so far...

  1. I am glad they are closed I hope they stay closed.

  2. It should have been shut down as soon as they knew this information. I hope they're smart enough to keep it closed permanently.

  3. As many of you victims should gather at city hall for this hearing. Make your voices heard, you have the right now.

  4. This incident should bring in to light, only qualified anesthesia personnel should be allowed to administer one's anesthesia for any procedure, regardless if it is in a hospital or clinic. Would you want a stewardess flying the plane you are riding on? Of course not, so want accept anything less than a certifed anesthesia provider to adminsiter, oversee and protect the patient!

  5. It wasn't just the anesthesia personnel it was the whole staff including nurses. Not one person stood up for what was right. They even said the way they cleaned the scopes are questionable, that's just sick. They just ignored the Fundamentals of health care and it's just plain common sense. You don't share equipment between patient's especially if it's been soiled with bodily fluids.

  6. The center should have been closed down immediately and every licensed employee suspended of their license. These unethical, unprofessional, life endangering practices done by the staff have been going on so long until it is now a habit and they will do them again. If they were cutting corners so blatantly with syringes and vials for certain they were committing other unethical practices too.

  7. My worries and sympathy goes out to all the patients that went through this Endoscopy Center.
    WE MUST HAVE JUSTICE HERE!

  8. If I was a patient infected, these clinic "bosses" would be running for their lives right now.

  9. Not long ago an organization named "Keep Our Doctors in Nevada" pressured the Nevada Legislature into an emergency session and persuaded the Nevada citizens to vote for medical malpractice protection, all in the name of a phony "medical malpractice crisis." Dr. Dipak Desai and the Endoscopy Center of Southern Nevada were behind the Keep Our Doctors in Nevada group, shelling out at least $25,000 to buy protection from injured patients. As a result, medical providers, INCLUDING DR. DESAI AND HIS CLINIC, are protected by caps on damage awards. Does anyone now think $350,000 is adequate compensation for the pain and suffering that will be endured by any patient of Dr. Desai who contracts HIV/AIDS, Hepatitis B, or Hepatitis C?

    Like many lawyers who represent injured medical patients, our law firm, Myers & Gomel, fought against the caps, and I can tell you this is precisely the type of situation we were concerned about when the doctors and their insurance companies used the "Keep Our Doctors in Nevada" fear campaign to achieve their selfish goal of protective caps. The truth is we shouldn't keep doctors like Dr. Desai in Nevada, and doctors like Dr. Desai don't deserve protective caps so they can practice sub-standard medicine with no fear of a jury's verdict.

    This is a real "medical malpractice crisis," and it will not be the last one unless and until doctors like Dr. Desai can be held accountable in full for the pain and suffering caused by such blatant and irresponsible malpractice. Nevada voters should demand that the doctors' special shield laws be repealed and that they be treated like the rest of us.

  10. So the medical insurance provides him a cap, but this is outright intentional negligence, what does the law say about the criminal element. There has to be more done to punish these people who played God with so many lives. The true number is unknown. He and each person who took part in this fiasco, should be held accountable. That is the bottom line.

  11. This law was put into effect 2 or 3 years ago after doctors petitioned and paid high dollars for legal representation/counseling to get this law passed. Don't let that high dollar payment fool you. That cost saved them not only millions of dollars, but it saved them the requirement and necessity of being mindful and responsible in our health care. This law means that each individual affected by this negligent catastrophy can only recoup $50,000 from each doctor involved in the careless, wreckless greedy manner in which their health was taken from them. How far do you think $50,000 is going to go for these people? They are going to be so ill they will not be able to work for income, they will need very expensive medication, some will even need liver transplants, and some will possibly even die leaving their family with no financial support. What is going to happen to these people?

    Attorneys are out here posting. PLEASE PAY ATTENTION. We, "THE PEOPLE" can't just stand by and take or accept the standard of care this law has brought about us. Let's get involved and support these professionals in any attempt to turn this around. Since this law was passed, health care has become outrageously poor and now more aimed at making money than curing the sick. Diagnosis are not being given, true medical investigation is not happening. Patients are repetitively told to come back or just simply have to go back because their illnesses continue. Insurance companies are paying for these repetitive visits and Employers cost for insurance is rising. Not only are patients left to suffer between these visits, but they suffer adverse reaction of the employers. This is only the beginning, its going to get worse if we don't do something. We all appreciate a good doctor, we all believe they should be paid well for their work IF THEY EARN IT, but this law has allowed so many of those that got in the field of medicine for the money to take advantage with no consequence for outright negligence. This $50,000 cap has got to go!

    In that same token, attorneys need to take the small medical malpractice cases as well. The reason behind not taking the small cases is also about money. It is not enough money, therefore it is not worth the time. If these cases were brought out, the wrong doers in the medical community would have been exposed before it got this bad and the people who over see them would by now have had more of a chance to see that this law is not helping but hurting the public.

  12. I am still appalled and disgusted. I am still keeping all victims in my thoughts and prayers. Keep talking and speaking out, it is your voices that need to be heard. These victims were VIOLATED. Bottom line. Here are the words of my Aunt whom had a procedure back in 2006:
    In her own words, my Aunt faxed this to me today...

    "On Wednesday 09-06-06, I went to the Endoscopy Center of Nevada at 700 Shadow Lane for a colonoscopy. Dr. Depak Desai did the procedure. I was sent home in pain after the colonoscopy and through the entire night, I huddled in severe pain. The next day I called the Center and they told me to go in for a belly x ray. I went to the local hospital for all the scans, and they informed me my bowel had been perforated during the procedure. At midnight I was taken by ambulance 65 miles into Las Vegas for emergency surgery, and in the wee hours of the morning a colostomy bag was inserted. I then spent 3 days in ICU, more time in the surgery unit, then on to a rehabilitation hospital. I finally returned home on 09-23-06. I spent a year of pure hell, until another physician was able to reverse the colostomy.
    My husband and I contacted the malpractice carriers, and were told sorry, too bad, and also a physician that did not see me gave information, that I believe was inaccurate. Where are the ethics? No attorney would take my case, more I am sorry's, too bad etc. Now that I read all the stories, look at the possible greed involved, and palm greasing, the doctor was very well protected. WHO PROTECTS US, THE VICTIMS, THE PATIENTS. WHO PROTECTS OUR RIGHTS?
    Now on top of everything I have gone through, I have to worry about what could have been contracted through more negligence.
    I am sorry is not enough this time."

    Please people, for yourselves, families, etc., get together, keep the talking, start petitions(both for criminal charges, and financial compensation), the support you are giving each other, the prayers going.

  13. First, I worked in endoscopy for over 20 years. I am floored that this physician was able to perform 50-60 procedures per day with just 2 procedure rooms. We allowed a minimum of one hour per patient, to allow for anesthesia, the procedure, clean up, patient stabilization, and to allow for high level disinfection of endoscopes (takes 40 minutes at least if done correctly)

    By using cerified nurse anesthetists, he is sure that patients are completely 'out', not aware of their surroundings, and can be moved in and out so quickly. (I'd like to say like cattle) They know more than the average nurse, but even the average nurse knows how anti principled their techniques were. Patient advocacy was not in control here, and for that, they deserve the worst they can get. No amount of pressure will drive an ethical empathetic nurse to these actions.

    I would absolutely suggest that an authority look into the cleaning techniques of the endoscopes. They need to be dismantled as much as possible, all parts scrubbed with a cleaning solution to remove particulate matter, then rinsed and soaked in a highly disinfectant solution for close to an hour after each use. With the patient volume suggested, and the penny pinching attitude that prevailed, I wonder if the nurses were allowed adequate time for scope disinfection, or did they reuse these also from one patient to the next? Did the clinics spend adequate funds to purchase high pressure cleaning/soaking machines (the standard today)?

    With the lady who suffered a perforation--I am not surprised with this. Although a perforation can occur with the best performed endoscopies, this kind of volume invites disaster. Was the object to perform safe endoscopies with efficacy, or was the object to run as many patients through the clinic as possible?

  14. Meyers And Gomel mentions caps on amount of time that the suits have to be filed. When did this take place? Say a procedure that went wrong prior to that date, (when there was a two year cap), could a suit still be filed say more than one year has passed but two years hasn't?

  15. If the nurses, technicians, doctors, anyone who was involved in these criminal actions they called procedures, feels that this is so safe, well then I would say BEND over and take your own medicine. Dr. Desai, isn't it time for your anal, oops I mean annual checkup?
    I will personally volunteer to do your procedure,
    I am ready with the rubber gloves, I got them out in the mechanic shop, think I could even find some lube out there too.

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