County's hands tied in endoscopy clinic case

[flashl]

Century-old law curbs local power

As much as Clark County leaders might want to punish clinics in their territory for shoddy medical practices, they are handcuffed by a century-old law designed to curb local authority.

Dillon's Rule, enacted at the turn of the 20th century, gave state lawmakers overriding power over local governments as a way to suppress corrupt political machines.

The law prevents the county from meting out penalties that are not outlined in the state statutes. That would include imposing fines on the four clinics in its jurisdiction the way the city of Las Vegas slapped a $500,000 fine on the Endoscopy Center of Nevada after it was found to be reusing syringes and single-dose vials of medication.

Eight cases of hepatitis C have been linked to the center and an affiliated clinic. Officials are wrestling with how to better respond to similar situations should they arise, and lawmakers have criticized state medical regulatory officials for not acting more forcefully against the clinics.

Review Journal

The level of creativity to allow scoundrels go free appears to be limitless.

It also is interesting to observe, time and time again, the level of public outrage and outcries for JUSTICE generated from a SINGLE act of abuse or violence. Yet, when a for-profit scandal occur on a massive scale such as this, the low count is 40,000, the silent is deafening.

[Celebration]

1. so this has to do with Nevada rules on cities vs. counties

What we can expect is that private lawsuits will punish the perpetrators to an even greater extent than the city of Las Vegas did.

That is why we do NOT need tort "reform". This will get to a jury at some point.

[Warpy]

2. What makes you think anybody will get off scot free?

The county is limited in criminal proceedings. Anyone who used that clinic and now tests positive for HepC or HIV will undoubtedly sue the clinic and anyone involved with their case. Some of these suits will win and some will lose, but the winning lawsuits will put these people out of business. In cases where breaks in technique are documented (like no signouts for drugs used during the procedure, indicating the vial was being reused after the former patients, a clear violation), the license of whoever administered the medication will also be in jeopardy.

Just because the country can't bring charges doesn't mean that careers won't be ended and that clinic won't be put out of business.