LAS VEGAS (AP) — A Nevada judge is considering the ground rules for an upcoming hearing about whether the former physician-owner of a clinic at the center of a 2008 Las Vegas hepatitis outbreak is fit for trial on felony charges.

Prosecutors and defense lawyers for 62-year-old Dipak Desai are due for arguments Tuesday before Clark County District Court Judge Kathleen Delaney.

Desai’s lawyers insist that Desai is incapacitated by strokes and heart ailments and can’t help in his defense.

They’re challenging findings by doctors that Desai is fit for trial.

Prosecutors accuse Desai of “malingering” to avoid criminal responsibility.

Trial is set March 12 for Desai and two former Las Vegas endoscopy clinic employees.

They’re accused of being responsible for seven people becoming infected with hepatitis C.

Copyright 2011 The Associated Press.


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