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Texas nurses facing third-degree felony charges after filing complaint

By Beth Janicek

Two West Texas nurses, 53-year-old- Vickie Galle and 51-year-old Anne Mitchell, have been indicted after filing an anonymous complaint about a local doctor's practices with the Texas Medical Board. The nurses have been fired and charged with misuse of official information, a third degree felony punishable by up to 10 years behind bars, and a $10,000 fine. The indictment alleges that they improperly accessed information that was not public 'with intent to harm' the doctor for 'a nongovernmental purpose.'

The nurses' complaints stated that Dr. Rolando Arafiles encouraged patients that he saw at the Winkler County Memorial Hospital emergency room and the county's rural health clinic to buy herbal medicines from him, and that the hospital's chief of staff stopped Dr. Arafiles from taking supplies to perform a procedure at a patient's home. The Texas Medical Board defended the nurses' actions and said that it is the board's state-mandated duty to look into such complaints. Mari Robinson, executive director for the Texas Medical Board said,

'I don't know that I've ever seen a criminal prosecution for providing information to the medical board. Ever.'

The American Nurses Association and the Texas Nurses Association are concerned about a 'chilling effect' on other nurses. They said that nurses file complaints all the time, but this is the first time they have ever faced criminal charges. Rebecca Patton, the American Nursing Association president said,

'It's outrageous to file criminal felony charges against these nurses based on allegations that they raised concerns over a physician's actions. Nurses have a duty to advocate for the health and safety of their patients, and that is what these nurses were doing.'

Clair Jordan, executive director of the Texas Nurses Association said,

'This particular hospital is alleged to have a policy that they don't allow anyone to report outside the facility, which we believe is violation of the law.'

She further said that nurses are required by law to report questionable physicians to the Texas Medical Board, who then looks at the physicians practice and makes the decision.

After being notified by the board that he was under investigation for mistreatment and poor quality of care Dr. Arafiles filed a harassment complaint with the Winkler Sheriff's Department. The Sheriff's office figured out who had filed the complaint, and the local prosecutor filed charges.

The Texas Nurses Association is raising money to help with Galle and Mitchell's legal defense, and the American Nurses Association is also supporting them in their fight. These two nurses were courageous enough to make a report on something that they thought was wrong, and are being harshly punished for it. Both nurses lost their jobs, and could end up behind bars for up to 10 years. This is a prime example of what is wrong with the medical profession, and this story should be getting extensive coverage at the national level.

You can look at your Physician's profile to check for possible complaints with the Texas Medical Board here.

Originally posted at InjuryBoard by Beth Janicek

Full post as published by San Antonio Personal Injury Lawyer on July 24, 2009 (boomark / email).