Las Vegas Sun

November 22, 2009

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Board gives doctor light punishment in exchange for testimony

Published Wednesday, July 1, 2009 | 11:02 a.m.

Updated Wednesday, July 1, 2009 | 4:50 p.m.

Sun Coverage

The Nevada State Board of Medical Examiners agreed to a settlement Wednesday that will lightly punish a doctor in exchange for his testimony against two other physicians, including Dr. Dipak Desai, majority owner of the clinic that caused last year's Hepatitis C outbreak.

Dr. Eladio Carrera will pay a $15,000 fine -- a maximum of $5,000 possible for three counts of bringing the medical profession into disrepute -- and be on probation for two years as part of the agreement.

"Our investigation shows he has a substantially different responsibility for the infections than the other two physicians involved," said Louis Ling, executive director of the medical board. "He is willing to testify truthfully against the other two doctors and give us a context for the case that nobody else can give us."

Ling said he could not comment on Carrera's testimony against Desai and Dr. Clifford Carroll, the physician allegedly responsible for allowing Hepatitis C to be transmitted from one patient to others.

It's believed the disease was transmitted when nurses reused syringes and single-use medicine vials, thereby contaminating the anesthetic that was given to patients. About 50,000 people who had procedures at the clinic, Endoscopy Center of Southern Nevada, were told to be tested for Hepatitis B, Hepatitis C and HIV.

A temporary restraining order and injunction that prevented Carrera from practicing medicine is lifted as part of the agreement.

Ling said that the settlement is necessary because the medical board owes it to the public to make sure the whole truth comes to light, so "we can show the public what happened, who is responsible and hold the parties responsible for the acts."

Discussion: 18 comments so far…

  1. Who would go to this doctor? That would be a crazy thing to do now that he has shown us just how much he cares about his patients.

  2. As long as there are HMOs he will have a job. It is crazy that a man who endangered 50,000 Nevadans can still practice here! There isn't a family in this valley that didn't know a person that got the letter. I guess that is what the Medical "Board" places on human life in Nevada. $15,000 divided by 9 people who got Hep C, $1667 a person. Unless we put the damages on all 50,000 people that had to be checked for Hep C? Then the price of human life in Clark County is 30 cents! Thanks, Medical Board for doing the "right" thing.

  3. You've got to be kidding. WE'RE DOOMED.

  4. The Board of Medical Examiners was established to protect the public from harm that could be done by physicians. The Nevada board is clearly only interested in protecting their own doctors. To authorize the license prior to the Hep C trials which start in October, or to the findings by the health district and CDC, borders on the criminal. It is time for Attorney General Mastos to get involved in the activity of the board.

  5. How can they do this? This man's practice exposed so many people to unnecessary risk. This is outrageous. Don't they have to justify this decision to the public?

  6. wow, gets their license back, but if a tech is caught doing the same, he or she looses it for good and has to find another type of job. If he or she can even find one. This is unreal. What makes them so above the law.

  7. Before I moved to Nevada I was warned that the state is a small-time, backward, fiefdom run like a storefront by a network of good-old-boys. 'nuff said, it's true.

  8. A GUTLESS move by the Examiners Board.

    Did they give an explanation???

    This individual along with his partners needlessly put hundreds of lives in jeopardy.

    He should never be allowed to practice again.

  9. This is unbelievable. They just cant get away with this public distrust

  10. "Our investigation shows he has a substantially different responsibility for the infections than the other two physicians involved," said Louis Ling, executive director of the medical board. "He is willing to testify truthfully against the other two doctors and give us a context for the case that nobody else can give us."

    Yeah, right. His testimony will be about as useful as the testimony of that orthopedic surgeon scoundrel in the Medical Mafia case.

    If he had such great concern for the public health, the good doctor should have gone public against his PARTNERS a long time ago....but of course, then he wouldn't have gotten those big partnership distribution checks.

    When the dust settles, this medical group and its members will be shown to have (1) not enough malpractice insurance, (2) wasted their financial assets before trial and (3) filed bankruptcy individually to escape all of the claims against them.

    So what is the point of letting this one guy go scot free?

    And what is the point of the Nevada Medical Board not even bothering to prosecute the 12 or so other partners in this medical group?

    These decisions by the Medical Board show that political influence is alive and well, doing its worst in Nevada.

    Someone should investigate this Ling ding a ling. Where did they get him? The Governor Jim School of Fly by Night Medicine?

  11. well said

  12. Transfer their court dates to Texas. Texans will execute justice in a jury trial, as in Texas, if you own livestock and treat them poorly it is considered a crime. More so, the professional treatment of people.

    It would be worth watching, seeing the good doctors competing in saddle bronc in the annual Huntsville Prison Rodeo.

  13. his license should be suspended for 150 years so the punishment is commensurate with the crime. Maybe he should be the private doctor for the people making these rulings - in fact that would be appropriate - those making the decision should get ALL of their care from this man.

  14. Who reviews the Nevada medical board? I'm sorry, but this is unethical!! We deserve better!

  15. What a crock of crap.

  16. Settlements and offers of immunity are the tools of the justice system not a licensing board. They need to be removed from these positions immediately. They have just said it is okay for a doctor - known to engage in practices that endanger patients - to practice again because he is going to "testify" against another doctor. Grow up, Nevada. It is not the 1800's anymore.

  17. so I could suffer and die from hepatitis and a professional doctor knew that others were mistreating me and possibly infecting me with a disease. probation is a joke and $15k is hardly a punishment to someone that made so much money.

  18. Hey all. Today (July 6) on Face to Face with Jon Ralston, we are getting reaction to the State Board's decision from State Sen. Majority Leader Steven Horsford. That's at 5:30pm, 6:30pm, and 8pm on Las Vegas ONE, Cox Cable Channel 19.

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