. MEDICAL: NURSES AND NURSING : UNITED STATES: STATES: TEXAS : WHISTLE BLOWING AND WHISTLE BLOWERS : LAW: CASES: Nurse to Stand Trial for Reporting Doctor Nurse to Stand Trial for Reporting Doctor By KEVIN SACK Published: February 6, 2010 New York Times <http://www.nytimes.com/2010/02/07/us/07nurses.html?hpw>KERMIT, Tex. It occurred to Anne Mitchell as she was writing the letter that she might lose her job, which is why she chose not to sign it. But it was beyond her conception that she would be indicted and threatened with 10 years in prison for doing what she knew a nurse must: inform state regulators that a doctor at her rural hospital was practicing bad medicine.
When she was fingerprinted and photographed at the jail here last June, it felt as if she had entered a parallel universe, albeit one situated in this barren scrap of West Texas oil patch.
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.
But in what may be an unprecedented prosecution, Mrs. Mitchell is scheduled to stand trial in state court on Monday for misuse of official information, a third-degree felony in Texas.
The prosecutor said he would show that Mrs. Mitchell had a history of making inflammatory statements about Dr. Rolando G. Arafiles Jr. and intended to damage his reputation when she reported him last April to the Texas Medical Board, which licenses and disciplines doctors.
Mrs. Mitchell counters that as an administrative nurse, she had a professional obligation to protect patients from what she saw as a pattern of improper prescribing and surgical procedures including a failed skin graft that Dr. Arafiles performed in the emergency room, without surgical privileges. He also sutured a rubber tip to a patients crushed finger for protection, an unconventional remedy that was later flagged as inappropriate by the Texas Department of State Health Services.
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