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Texas Whistleblower Nurse Stands Trial

By Beth Janicek

I am outraged that on Monday, trial started for Anne Mitchell, an administrative nurse at the Winkler County Memorial Hospital, who anonymously filed a complaint about a local doctor's practices with the Texas Medical Board. Ms. Mitchell stands trial in Texas state court on 'misuse of official information,' a third-degree felony with a sentence of up to 10 years in prison. The case against Vickie Galle, the second nurse, who helped write the anonymous complaint letter, was dismissed at the prosecutor's discretion.

For more information on this case, you can look at my past blogs on this topic:

Texas nurses facing third-degree felony charges after filing complaint

Charging Texas Nurses Sends a Bad Signal to All Whistleblowers

You can also follow updates from the trial on the Texas Nurses Association Twitter feed. They have posted:

Feb. 2, 10:38 AM: Winkler County Prosecutors drop case against Galle. What happens now? Trial starts Monday. www.texasnurses.org #winklerRNs

Feb 8, 10:14 AM: Jury not selected yet. Updates as available. www.texasnurses.org. #winklerRNs

Feb 8, 11:34 AM: Defense began its voir dire - questioning of prospective jurors. State completed its earlier. #winklerRNs.

Feb 8, 12:54 PM: Court in recess until 3:30. Opening arguments expected then. #winklerRNs

Feb 8, 3:45 PM: Court recessed for the day. Reconvenes 9 a.m. tomorrow. #WinklerRNs

Feb 9^th, 8:47 AM: 'Day 2: Dr. Arafiles on stand now being examined by the prosecution. Defense gets a crack at 'em next. Lots of nurses there.' #WinklerRNs

Feb 9^th: Day 2 p.m. Defense attorney cross-examined Dr. Arafiles. Doc said diabetics heal as well as anybody else. Courtroom gasped.

Feb 9^th: Winkler County Sheriff Robert Roberts being questioned by defense attorney Cook.

Feb 9^th: Trial recessed for the day. Sheriff Roberts resumes his testimony tomorrow. #winklerRNs.

Lee Tilson, who has been tracking responses and press coverage on the Texas Nurses, pointed out that there has been a lack of the major medical organizations standing with the nurses, or releasing comments regarding the case, except for the ANA and the TNA. To me, this case is really about patient safety. If organizations such as the JCAHO, the AMA, or the AHA were really concerned with patient safety they would have released a comment on the case or even pledge their support to the nurses.

Personally, I am shocked that this case has even gone to trial. Even the Texas Medical Board, which is the state agency that the complaint was filed, strongly objected to the prosecution. They pointed out that this case may have a chilling effect on any other nurse who wants to report a dangerous doctor. This trial could have a lasting impact on the medical community and could adversely affect patient safety. I guess we are just going to have to wait and see how this trial turns out.

Originally posted at InjuryBoard by Beth Janicek

Full post as published by San Antonio Personal Injury Lawyer on February 10, 2010 (boomark / email).