Dan Carvalho $2 million settlement precluded ruling on Dr. Desai faking

A lawyer accused Dr. Dipak Desai of exaggerating his ill health to duck legal problems long before prosecutors raised the issue last month in his criminal case.

Attorney Dan Carvalho suggested in March 2008 court papers that Desai was not being honest about claims that his medical condition would allow him to answer questions at a deposition for only an hour. The deposition was part of a malpractice lawsuit Carvalho filed against Desai’s Endoscopy Center of Southern Nevada that was unrelated to the hepatitis C outbreak there months earlier.

A lawyer accused Dr. Dipak Desai of exaggerating his ill health to duck legal problems long before prosecutors raised the issue last month in his criminal case.

Attorney Dan Carvalho suggested in March 2008 court papers that Desai was not being honest about claims that his medical condition would allow him to answer questions at a deposition for only an hour. The deposition was part of a malpractice lawsuit Carvalho filed against Desai’s Endoscopy Center of Southern Nevada that was unrelated to the hepatitis C outbreak there months earlier.

Carvalho sought to force Desai to complete the deposition after the physician’s lawyers cut it short, but the case was settled for $2 million before a hearing could be held.

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