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: ThePopTort

Las Vegas Hepatitis Case Takes a Criminal Turn?Possibly at Victims? Expense

By Andy Hoffman

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That terrible story about the Las Vegas clinic that reused dirty syringes and vials, potentially exposing some 50,000 Nevadans to Hepatitis C, may be about to take a very unfortunate turn from a civil justice perspective.  Ironically, that?s because criminal charges may soon be filed against the majority owner of the clinic, Dr. Dipak Desai, as well as several other clinic workers.

As the Center for Justice & Democracy has pointed out, the criminal justice system can leave something to be desired when it comes to obtaining actual help for crime victims, because it was designed simply to punish wrongdoers?not to compensate the injured.

Already, a number of the 5,000 or so former patients of the clinic with civil cases pending have been subject to terrible delays, as the specter of potential criminal charges has given key witnesses the ability to avoid telling what they know by simply pleading the Fifth.

But even worse, if the criminal charges are filed and Dr. Desai and his cronies are found guilty, their malpractice insurer could void their policies altogether?leaving the injured victims stuck, with little chance for meaningful compensation.

Who knew a criminal prosecution could end up hurting crime victims?

Full post as published by ThePopTort on November 23, 2009 (boomark / email).

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