Las Vegas GI Doc Facing 28 Felony Counts in Hep C Case

Las Vegas physician Dipak Desai, MD, will face all 28 felony charges filed against him for allegedly exposing patients to hepatitis C, according to a Nevada state court judge's ruling.

District Court Judge Valerie Adair's decision is the latest setback for Dr. Desai, who was found competent to stand trial after initially being deemed unfit due to the effects of 2 strokes he suffered in 2007 and 2008.

A trial is now scheduled for October 2012, when Dr. Desai will face charges including racketeering, criminal patient neglect and disregard for patient safety. Prosecutors allege that the former gastroenterologist encouraged unsafe injection practices that resulted in 9 endoscopy clinic patients contracting incurable hepatitis C. An investigation found Dr. Desai's clinics had reused syringes, single-use vials of anesthetics and scope-cleaning solution. Since the centers' doors were shut in March 2008, about 250 former patients infected with hepatitis C have come forward with medical malpractice suits.

Defense attorney Richard Wright sought dismissal of 15 counts against Dr. Desai, including a racketeering charge and 7 felony counts of criminal patient neglect and disregard for patient safety. According to Mr. Wright, the allegations against Dr. Desai weren't "specific enough to determine what [Dr.] Desai is accused of doing on what date to what patient."

While allowing that the charges could've been clearer, Ms. Adair rejected Mr. Wright's argument that a 35-page indictment from 2010 was unconstitutionally vague and confusing.

"It's clear what [prosecutors] are charging," said Ms. Adair. "They're charging that these people were infected as a result of their treatment at the facility and as a result of the facility's ongoing failure and disregard for appropriate medical and sanitary practices."

Mark McGraw

New Device Helps Obese Patients Breathe Easier

Rice University engineering students have come up with a novel approach for lifting the excess abdomen weight that can hamper obese patients' breathing during surgery.

The engineers attached suction cups taken from breast pumps - which they say maintain a strong seal without bruising the skin - to an operating room vacuum system and suspended the cups from a horizontal beam that bears the suctioned abdominal weight and relieves pressure on the abdomen. (Click here to see the device in action.)

Inspiration for the non-invasive suction device came from Mehdi Razavi, MD, a cardiologist and the director of electrophysiology clinical research at Texas Heart Institute in Houston. Dr. Razavi says an obese patient he was operating on began to snore, which indicated potential airway troubles.

It was a "what if?" moment for Dr. Razavi. "We could see that his oxygen levels were going down, and he was trying to push against his abdominal contents to breathe," he explains. "I thought if there was a way to support his belly, he would probably do much better and there would be less chance of having to declare an emergency and put a breathing tube in."

He pitched his idea to the Rice University engineering team, who hope to showcase their response at the American Heart Association Scientific Sessions in Los Angeles in November.

Daniel Cook

How Effective are Your Infection Prevention Efforts?

Are your infection prevention efforts up to speed? It's generally advisable to find out before a site surveyor from a regulating or accrediting agency does, especially since many now consider stamping out surgical site infections a top priority.

A healthcare consultant who's spent time in the OR as well as the administrator's office offers 9 tips on identifying the most critical areas of concern and correcting the deficiencies that might be found there, from your overall plan of attack to the sterility of your surgical instruments.

David Bernard

InstaPoll: Do You Benchmark?

It's a good practice to study key clinical and financial statistics of your surgical facility so that you can see how you compare to your recent performance and to industry averages. Tell us in this week's InstaPoll about your benchmarking practices.

Last week we asked a bit of a trick question regarding single-dose or single-use drug vials. Most of the 746 responses chose the right answer: none of the above. We tripped up a few, however, when we asked, "If a single-dose or single-use vial appears to contain multiple doses or contains more medication than you need for a single patient ..."

  • You can use that vial for more than 1 patient, so long as you use proper infection control measures: 14%

  • You can store that vial for future use on the same patient: 6%

  • you can combine (pool) the leftover contents of single-dose or single-use vials or store single-dose or single-use vials for later use: 0%

  • all of the above: 0%

  • none of the above: 80%

    Dan O'Connor

  • News & Notes

  • CDC reminder: single-use only Reacting to ongoing drug shortages, the Centers for Disease Control and Prevention has issued a statement reiterating its policy that single-dose and single-use medications should never be used for more than 1 patient. While the agency says it recognizes the problem that the shortages present facilities, it remains concerned that they will "lead to unsafe medical practices that impose increased disease risk on patients."

  • Physician-owners perform more surgery Surgeons perform 14% to 22% more surgeries after becoming ASC owners, according to research conducted by the Workers Compensation Research Institute. A review of 941 orthopedic surgeons in Florida showed physician-owners did 52% to 111% more surgery than their non-owner colleagues. The WCRI points to financial incentives as a reason for the increased volume, but it also concedes that (1) ASCs are more likely to recruit high-volume surgeons, (2) high-volume surgeons are more likely to own ASCs and (3) surgery center efficiencies allow for more cases to be performed.

  • Patients' fears prevent colonoscopies A recent survey of patients' willingness to undergo and misconceptions about colorectal cancer screenings found that the fear of embarrassment, of contracting AIDS from the procedure and of pain are the primary reasons for avoiding colonoscopies. However, patients who mistrust physicians or fear cancer were more likely to undergo the procedure. The survey, which questioned 454 individuals aged 50 years and older, appeared in the American Journal of Health Promotion.