[net-gold] LAW: CASE: DECISIONS : MEDICAL: NURSES AND NURSING : UNITED STATES: STATES: TEXAS : WHISTLE BLOWING AND WHISTLE BLOWERS: Texas Nurse Acquitted For Anti-Doctor Whistle-Blowing
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
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- Date: Fri, 12 Feb 2010 00:27:57 -0500 (EST)
.
LAW: CASE: DECISIONS :
MEDICAL: NURSES AND NURSING :
UNITED STATES: STATES: TEXAS :
WHISTLE BLOWING AND WHISTLE BLOWERS:
Texas Nurse Acquitted For Anti-Doctor Whistle-Blowing
Texas Nurse Acquitted For Anti-Doctor Whistle-Blowing
6:25 pm February 11, 2010
By Frank James
NPR (National Public Radio)
<http://www.npr.org/blogs/thetwo-way/2010/02/
texas_nurse_acquitted_for_anti.html>
A shorter URL for the above link:
<http://tinyurl.com/yguxv38>
A Texas jury struck a blow, according to many observers, for health-care
whistle blowers and patients alike by acquitting a nurse who was
prosecuted under state law for complaining about the way a small-town
doctor practiced medicine.
In a widely watched case, a Texas jury acquitted Anne Mitchell of a charge
of "misuse of official information." The allegation was lodged against
Mitchell, who was a nurse at a hospital in Kermit, Texas, after she filed
a complaint about Dr. Rolando Arafiles with the Texas Medical Board.
Nurse Whistle-Blower Not Guilty for Reporting Doctor
Texas Nurse Fired After Sheriff Seizes Computer and Finds Letter of
Complaint
By SUSAN DONALDSON JAMES, STEVE OSUNAMI AND MICHAEL MURRAY
ABC News
<http://abcnews.go.com/WN/texas-nurse-whistleblower-
anne-mitchell-acquitted-harassing-doctor/story?id=9781119>
A shorter URL for the above link:
<http://tinyurl.com/y8d3xlb>
A Texas jury has found veteran nurse Anne Mitchell not guilty of
harassment after she wrote a confidential letter to the Texas Medical
Board complaining about a doctor she believed practiced shoddy medicine.
Her lawyer, John H. Cook IV, announced the verdict today on the fourth day
of the trial in Andrew, Texas. Jurors took less than an hour to reach
their verdict.
"We are glad that this phase of this ordeal has ended and that Anne has
been restored to her liberty," Cook told media today. "But there was great
damage done in this case, and this does not make them whole."
Mitchell, 52, could have faced 10 years in prison for doing what she
believed was her obligation under the law -- to report unsafe medical
practices.
The verdict could have had a profound effect on whistle-blowers in Texas
and nationwide. Mitchell had asssumed the letter she wrote to Dr. Rolando
Arafiles Jr. was anonymous. Instead, he fired her after reporting her to
the local sheriff -- a former patient and admirer of the doctor -- for
maliciously ruining his reputation.
Police in Kermit, Texas, searched Mitchell's computer and found the
letter, then charged her with "misuse of official information" in her role
at Winkler Memorial Hospital, a third-degree felony in Texas under an
abuse-of-power statute.
The case was so contentious that it set friends against one another in
this oil and cow town of 5,200 near the New Mexico border, and had to be
moved miles away to a state court in Andrew, where the trial got under way
Monday.
<snip>
The case sent shock waves around the country, particularly among the state
and national nursing associations, which raised $40,000 for Mitchell's
defense. They said they're afraid that if she is found guilty, there will
be no watchdogs for unsound or unsafe medicine.
"This would be a true implosion for the nursing profession, because nurses
might think twice about what they report," said Gwen Agabatekwe, a nurse
who flew from St. David Medical Center in Austin to sit in on the pretrial
hearings on the case.
"If they see something that's not right or unsound or unsafe, it's our
obligation to report it," said the 54-year-old who is a member of the
National Nurses Organizing Committee-Texas, which sponsored the
whistle-blower legislation.
Texas jury acquits nurse who complained of doctor
By BETSY BLANEY Associated Press Writer 2010 The Associated Press
Feb. 11, 2010, 1:14PM
Houston Chronicle
<http://www.chron.com/disp/story.mpl/ap/tx/6862485.html>
Texas jury acquits nurse who filed anonymous complaint to state board
about doctor's practices
Anne Mitchell was acquitted of a felony charge of misuse of official
information after she filed an anonymous complaint to a state medical
board about a doctor who she said wasn't giving patience proper care
Thursday, Feb. 11, 2010, at the Andrews County Courthouse in Andrews,
Texas. (AP Photo/Merissa Ferguson) (Merissa Ferguson, AP / February 11,
2010)
BETSY BLANEY Associated Press Writer
February 11, 2010 | 2:22 p.m
Los Angeles Times
Associated Press
<http://www.latimes.com/news/nationworld/nation/
wire/sns-ap-us-texas-nurse-acquitted,0,1220344.story>
A shorter URL for the above link:
<http://tinyurl.com/yam3gen>
After the jury returned its verdict, Mitchell said her complaint "had
nothing to do with personal feelings," and she would continue to report
doctors if she believes they are not giving patients proper care.
"I still have to do those things for patients," said Mitchell, who would
have faced up to 10 years in prison if she had been convicted. "My duty's
never changed."
Dozens of nurses filled the courtroom throughout this week's trial, and
many wept when the verdict was announced. Nursing associations and health
care watchdogs across the country rallied around Mitchell, calling the
case is a key test of physician accountability. Alex Winslow, executive
director of the patient safety advocacy group Texas Watch, said Thursday's
acquittal doesn't end the concern.
"Whether Ms. Mitchell was convicted or exonerated, was largely irrelevant
to the long-term impact her prosecution will have on Texas patients," he
said in a statement. "The very fact that she was prosecuted will make
individuals who have information that could save lives will think twice
before speaking up, putting Texas patients at risk."
Arafiles was not in court Thursday to hear the verdict, and a telephone
message was left at the Winkler County hospital where he works. A message
was also left Thursday for the prosecutor, Winkler County Attorney Scott
Tidwell.
Mitchell's complaint filed in April accused Arafiles of improperly
encouraging patients to buy herbal medicines and wanting to use hospital
supplies to perform a procedure at a patient's home.
But prosecutors claimed Mitchell, who had worked with Arafiles at a West
Texas hospital, didn't like the doctor and wanted to harm him and that the
complaint disclosed patient information for "a nongovernmental purpose."
Whistle-Blowing Nurse Is Acquitted in Texas
By KEVIN SACK
Published: February 11, 2010
New York Times
<http://www.nytimes.com/2010/02/12/us/12nurses.html>
A West Texas jury took but an hour Thursday to acquit a nurse who had been
charged with a felony after alerting the state medical board that a doctor
at her hospital was practicing unsafe medicine.
The uncommon prosecution had ignited deep concern among health care
workers and advocates for whistle-blowers about a potential chilling
effect on the reporting of malpractice.
But after a four-day trial in Andrews, Tex., a state court jury quickly
found that the nurse, Anne Mitchell, was not guilty of the third-degree
felony charge of misuse of official information. Conviction could have
carried a prison sentence of up to 10 years and a fine of up to $10,000.
The prosecution said Mrs. Mitchell, 52, who had been a nurse at Winkler
County Memorial Hospital for 25 years, had used her position to obtain and
disseminate confidential information patient file numbers in her letter
to the medical board with the intent of harming Dr. Rolando G. Arafiles
Jr. The prosecutor argued that state law required that reports of
misconduct be made in good faith, and that Mrs. Mitchell had been waging a
vendetta against Dr. Arafiles since his arrival at the hospital in April
2008.
Witnesses testified that they had heard Mrs. Mitchell refer to Dr.
Arafiles, a proponent of alternative medicine and herbal remedies, as a
witch doctor.
But other nurses vouched that Mrs. Mitchells concerns were legitimate, and
that internal complaints were not dealt with adequately by the hospitals
administration.
The jury foreman said the panel of six men and six women voted unanimously
on the first ballot, and questioned why Mrs. Mitchell had ever been
arrested.
We just didnt see the wrongdoing of sending the file numbers in, since
shes a nurse, said the foreman, Harley D. Tyler, a high school custodian.
Whistle-blower nurse is acquitted in West Texas
By YAMIL BERARD and DARREN BARBEE
Fort Worth Star Telegram
<http://www.star-telegram.com/texas/story/1963997.html>
Sheriff Robert Roberts, a friend of Arafiles', said the nurses
circumvented hospital policy for reporting bad medical practices because
of what he called a personal vendetta against Arafiles. He also said that
the nurses didn't seek patients' permission when they sent medical records
of 10 patients to the board. The records did not include the patients'
names.
The hospital fired both nurses. Both were indicted, but the case against
Galle was dropped before Mitchell went on trial.
Arafiles, who works at the Winkler County Rural Health Clinic in Kermit,
did not respond to repeated requests for comment. Scott Tidwell, who
prosecuted the case, could not be reached for comment.
Among the issues the defense raised at the trial was the relationship
between Arafiles and Roberts. Arafiles testified that he recommended the
nutritional supplement called Zrii to patients and that Roberts sold the
supplement, according to a television news account. But in a phone
interview Thursday, Roberts said that although the doctor introduced him
to the supplement-selling program, the two were not in business together
and that his friendship with Arafiles in no way tainted his judgment in
the case.
Roberts, Winkler County sheriff for 18 years, said he was disappointed
with the verdict but knew that the nurse's duty to report would be hard to
overcome.
"What was an issue was that we had a public servant who took it upon
herself and had a personal objective to circumvent the rules and
regulations of the hospital with the intent to send information for a
nongovernmental purpose," Roberts said.
He said the nurse didn't like Arafiles from "Day One" after a friend told
her he was not a good doctor.
"She just wouldn't accept him," he said.
Many nurses, though, contended that the case was retaliation for
Mitchell's blowing the whistle, and nurses nationwide contributed to a
legal defense fund.
Laura Fletcher, a nurse and an optometrist in Bedford, said, "It's a
travesty of our judicial system that medical professionals are being
prosecuted for doing their job according to the law."
Nursing schools throughout the state have been using the case in their
course studies with students, reminding them of every nurse's duty to
report possible wrongdoing. The Texas code of ethics for nursing and the
Texas Nursing Practice Act both say that it's a nurse's duty to report
unsafe care, whether it's from a doctor or a pharmacist.
Not Guilty - Texas Jury Acquits Winkler County Nurse
PR Newswire
<http://www.prnewswire.com/news-releases/not-guilty---
texas-jury-acquits-winkler-county-nurse-84179922.html>
A shorter URL for the above link:
<http://tinyurl.com/yg7z9dp>
As the nation's largest nursing association, ANA joined forces with TNA,
one of its constituent member associations, in July of 2009 to strongly
criticize and raise the alarm about the criminal charges and the fact that
the results from this case could have a lasting and negative impact on
future nurse whistle blowers.
"ANA is relieved and satisfied that Anne Mitchell (RN) was vindicated and
found not guilty on these outrageous criminal charges today's verdict is
a resounding win on behalf of patient safety in the U.S. Nurses play a
critical, duty-bound role in acting as patient safety watch guards in our
nation's health care system. The message the jury sent is clear: the
freedom for nurses to report a physician's unsafe medical practices is
non-negotiable," said ANA President Rebecca M. Patton, RN, MSN, CNOR.
"However, ANA remains shocked and deeply disappointed that this sort of
blatant retaliation was allowed to take place and reach the trial stage a
different outcome could have endangered patient safety across the U.S.,
having a potential 'chilling effect' that would make nurses think twice
before reporting shoddy medical practice. Nurse whistle blowers should
never be fired and criminally charged for reporting questionable medical
care."
<snip>
ABOUT THE TEXAS NURSES ASSOCIATION (TNA):
Texas Nurses Association (www.texasnurses.org) is a professional
organization of registered nurses, and the only Texas constituent member
association of the American Nurses Association. Texas Nurses Association
seeks to promote excellence in nursing by helping nurses achieve quality
patient care through high standards of practice, legislative involvement,
and public policy advocacy.
ABOUT THE AMERICAN NURSES ASSOCIATION (ANA):
The ANA is the only full-service professional organization representing
the interests of the nation's 2.9 million registered nurses through its
constituent member nurses associations, its organizational affiliates, and
its workforce advocacy affiliate, the Center for American Nurses. The ANA
advances the nursing profession by fostering high standards of nursing
practice, promoting the rights of nurses in the workplace, projecting a
positive and realistic view of nursing, and by lobbying the Congress and
regulatory agencies on health care issues affecting nurses and the public.
SOURCE American Nurses Association
RELATED LINKS
<http://www.nursingworld.org>
Former Winkler County Nurse Found Not Guilty
Former Winkler County Nurse Found Not Guilty (2-11-10)
Anne Mitchell Found Not Guilty (2-11-10 @ 5:00p.m.)
Anne Mitchell Found Not Guilty (2-11-10 @ 4:00p.m.)
by Victor Lopez
NewsWest 9
<http://www.newswest9.com/Global/story.asp?S=11973627>
ANDREWS COUNTY--Almost a year after Anne Mitchell was arrested and charged
with misuse of official information, supposedly to harass a local doctor,
an Andrews County jury said, that wasn't the case.
It's been a stressful and painful ordeal. Now, Mitchell and her attorneys
say she's been vindicated. Even with everything she's been through, Anne
stands her ground, saying what she's said all along, she was doing her
duty as a nurse, "My duty never changed. I still have a duty to the
patients."
Defense attorney John Cook chose not to put Mitchell on the stand. He
decided to let the six man, six woman jury make their decision, based on
the evidence they had been presented over the last three days.
"I'm thankful that we have the ability to take problems like this to a
jury. I deeply believe in the jury system. I believe that there are
certain things that we have that are too precious to trust to government,"
Cook said.
Mitchell totally agrees, "Our jury system obviously worked, right? In my
case, it worked. I believe in that. I think when you tell the truth, you
don't have to worry about it. You do the right thing."
Mitchell's former co-defendant Vicki Galle was in the courtroom every day,
in support of her colleague and friend. Galle's case was dismissed just
one week before the trial was set to begin.
American Federation of Teachers makes statement following aquittal of
Kermit nurse
Statement by Randi Weingarten,
President, American Federation of Teachers,
On Acquittal of Texas Nurse in Trial for Reporting Doctor to Medical Board
CBS 7 KOSA
<http://www.cbs7kosa.com/news/details.asp?ID=17879>
WASHINGTON The American Federation of Teachers stands with nurses and
other healthcare professionals across the nation in support of Anne
Mitchell. The jurors in this case got it, while the prosecutor who pursued
this charge did not.
It is outrageous that any nurse anywhere could face the loss of livelihood
and even personal freedom for doing what nurses must do every day: stand
up for the safety and well-being of patients. The nurses and healthcare
workers represented by the AFT throughout the nation understand that their
profession requires nothing less.
When Anne Mitchell reported allegations of bad practice by a physician at
the hospital where she served as an administrative nurse, she was simply
doing what the ethics and standards of her profession demand. For her to
be charged with a crime for making an anonymous complaint to the Texas
Medical Board, which licenses and disciplines doctors, was literally a
travesty of justice.
Texas nurse acquitted in whistle-blower case
By Gregg Blesch
Posted: February 11, 2010 - 5:45 pm ET
Modern Healthcare
<http://www.modernhealthcare.com/article/20100211/NEWS/302119942#>
The medical board, meanwhile, has criticized the Winkler County officials
for wielding the physician complaint as a basis for criminal prosecution,
warning the episode could have a chilling effect. The board has yet to
take any disciplinary action against Arafiles based on the letter received
from Mitchell and Galle and declines to comment on investigations.
If anything was to be gained from the absurdity of this criminal trial, it
is the reaffirmation that a nurse's duty to advocate for the health and
safety of patients supersedes all else, Texas Nurses Association President
Susy Sportsman said in a news release jointly issued with the American
Nurses Association. ANA President Rebecca Patton said the jury delivered a
message that the freedom for nurses to report a physician's unsafe medical
practices is nonnegotiable.
Nurse acquitted for reporting doctor, but watchdog group predicts chilling
effect
By Mary Ann Roser | Thursday, February 11, 2010, 03:15 PM
Austin Statesman
<http://www.statesman.com/blogs/content/shared-gen/blogs/austin/health/
entries/2010/02/11/nurse_acquitted_for_reporting.html?cxntfid=blogs_salud>
A shorter URL for the above link:
<http://tinyurl.com/yknurg4>
Weve run several columns on this by Austin nurse Toni Inglis, including
this one.
Alex Winslow, executive director of the consumer group Texas Watch, said
that regardless of the acquittal, the case would have a chilling effect on
nurses who want to report wrongdoing by doctors and patient safety.
Texas has become the Wild West when it comes to medicine, said Winslow in
a news release on the acquittal. Our courthouses are closed and patients
have no public advocates. Now, our only line of defense to protect
patients from dangerous, careless or unqualified doctors, the Texas
Medical Board, is hamstrung because of this prosecution.
Mari Robinson, executive director of the medical board, said in a letter
to prosecutors that, the willingness of persons to come forward and file
complaints with the Board is critical to the Boards success in regulating
the practice of medicine as required by Texas law. Causing persons to fear
criminal felony prosecution if they do so undermines the Boards ability to
do its job.
Nurse Whistleblower Acquitted of Third-Degree Felony
Posted by Jane Akre
Thursday, February 11, 2010 4:04 PM EST
Category: Major Medical
Tags: Whistleblower, Nurses, Patient Safety
Injury Board
http://www.injuryboard.com/national-news/
nurse-whistleblower-acquitted-of-thirddegree-felony.aspx>
A shorter URL for the above link:
<http://tinyurl.com/y9t6wdv>
The American Nurses Association reports that whistleblower protections for
healthcare employees exist in 20 states, including Texas. That group and
other organizations helped raise $40,000 for Mitchells defense.
Surreal
Mitchell had no idea she would be fingerprinted and photographed at the
jail last June when she wrote the letter.
It was surreal, said Mrs. Mitchell, 52, the wife of an oil field mechanic
and mother of a teenage son. I said how can this be? You cant go to prison
for doing the right thing she told the New York Times.
The prosecutor had planned to show that Ms. Mitchell made inflammatory
statements about the doctor to damage his reputation. But she said she had
a professional obligation to protect patients after she witnessed Dr.
Arafiles perform a failed skin graft without surgical privileges, and sew
a rubber tip to a patients finger after it had been crushed. The Times
reports that was later flagged as inappropriate by the state.
Dr. Arafiles had complained about Mitchell to the Winkler County sheriff,
who had been a patient of the doctor, crediting him with saving his life
after a heart attack and calling Dr. Arafiles, the most sincerely caring
person I have ever met.
Mitchell and another nurse had been fired without explanation last June
after a combined 47 years at the Winkler County Memorial Hospital in rural
west Texas, 10 miles from the New Mexico border.
Both say their reputations are tarnished and their savings drained.
Civil Lawsuit
The nurses lawyers have filed a civil lawsuit in federal court against the
hospital, sheriff, doctor, and prosecutor, charging them with vindictive
prosecution and denial of the womens First Amendment rights.
Dr. Arafiles says hes the victim in the case. The hospital administrator
tells the Times that the doctor had been reprimanded on several occasions
for improperly writing prescriptions and performing surgery. #
Is There Accountability for Malice?
PR Newswire
<http://www.prnewswire.com/news-releases/
is-there-accountability-for-malice-84048072.html>
A shorter URL for the above link:
<http://tinyurl.com/yz2j5tf>
TUCSON, Ariz., Feb. 10 /PRNewswire-USNewswire/ -- Today a jury in West
Texas is hearing evidence that a nurse, acting in bad faith, tried to run
a doctor out of town by filing an anonymous complaint with the Texas
Medical Board. The case is Texas v. Mitchell, No. 5612 (Andrews County,
Texas, presiding Judge Jim Rex).
The case is making national news, even in the New York Times. It is the
first case in memory to enforce the law against misuse of the complaint
process and private patient information to harass a physician.
It has been open season for false allegations against physicians for too
long. Each year too many physicians are distracted or even destroyed by
malicious claims about them, whether in malpractice cases, sham peer
review by hospitals or health plans, or witch-hunts by medical boards.
<snip>
The broader question is whether doctors or other Americans can be
disparaged, subjected at a minimum to tens of thousands of dollars in
defense costs, and even deprived of their livelihood, on the basis of
false, bad-faith allegations -- while the complainant hides behind
anonymity, immunity, and a presumption that she is only trying to protect
the public.
"Accountability for false complaints is long overdue," said Jane Orient,
M.D., Executive Director of the Association of American Physicians and
Surgeons (AAPS).
The Association of American Physicians and Surgeons (AAPS) is a
non-partisan, professional association dedicated since 1943 to protecting
the sanctity of the patient-physician relationship from third-party
interference. It is entirely member-supported, and receives no grants or
funds from government or corporate entities.
SOURCE Association of American Physicians and Surgeons (AAPS)
RELATED LINKS
<http://www.aapsonline.org>
Legal Document
Plaintiff's Original Complaint
<http://www.casewatch.org/civil/mitchell/suit.pdf>
Prior Net-Gold Coverage of this case may be
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<http://www.google.com/search?q=
winkler+and+hospital+and+
(nurse+OR+nurses)+and+%22net-gold%
22+and+%22temple.edu%22&hl=en&filter=0>
A shorter URL for the above link:
<http://tinyurl.com/y89nmjn>
Winkler County Rural Health Clinic in Kermit, Texas (tx)
Name: Winkler County Rural Health Clinic
Street: 828 Myer Lane
Kermit, tx 79745-4634
Phone: (432) 586-2040
----------------------------------------------
The complete articles may be read at the URLs provided for each.
WEBBIB0910
Sincerely,
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Temple University
(215) 204 - 4584
jwne@xxxxxxxxxx
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