Texas Nurse on Trial for Reporting Malpractice
Posted on 08. Feb, 2010 in News Stories
Many whistle-blowers have their lives turned up-side down, losing their job and reputation. Who knew that they could also face prison time? This is exactly what Anne Mitchell, a nurse up until last year, is going through right now. She faces up to 10 years in prison for a felony charge of “misuse of official information.”
While working for Winkler County Memorial Hospital in Texas as a nurse administrator, Anne noticed multiple breaches of patient care by an ER physician, Dr. Rolando G. Arafiles, Jr. She complained to the hospital authorities, and Dr. Arafiles was reprimanded on several occasions. However, she felt that she was being brushed off. So, with the help of her fellow nurse Vickilyn Galle, she wrote an anonymous letter to the Texas Medical Board.
In the letter, the nurses point to six different cases that concerned them greatly regarding the doctor. Apparently, one time, Dr. Arafiles sutured a rubber tip onto a patient’s finger for protection after it was crushed (definitely not a typical remedy). Another time, he performed a failed skin graft in the ER, even though he had no surgical privileges. The letter also mentioned that Dr. Arafiles regularly e-mails his patients to buy certain herbal supplements that he personally sold.
If the letter was anonymous, then how was she found out? Well, soon after the Texas Medical Board informed Dr. Arafiles that he had a complaint against him, he complained about being harassed to the county sheriff, Robert L. Roberts, Jr., who also happened to be his former patient (he says that the doctor saved him after a heart attack). Together, they were able to deduce who wrote the letter and obtained search warrants for the nurses’ computers on which they found the letter.
The nurses were fired from their jobs and also arrested last June.
The prosecution alleges that the complaint was made in bad faith in order to stain the name of Dr. Arafiles. This case is largely unprecendented. In fact, after an investigation by the state last September, it was found that the nurses were unfairly fired for reporting on valid violations.
Even before working at the county hospital, Dr. Arafiles already was under restriction by the medical board. Because of failure involving a weight-loss clinic he used to work at, Dr. Arafiles was not allowed to supervise physician assistants or nurse practitioners. As it is difficult to get doctors to move out to such a remote area of Texas, the hospital administrators decided to overlook his history and was slow to fire him based on complaints by the nurses.
Although charges against Vickilyn has since been dropped, Anne, who is now 52, currently awaits trial set to begin today for “misuse of official information.”
mjfan
Feb 8th, 2010
Um, just cuz she found out something doesn’t mean she can harrass him. It’s also wrong to use illegal info to file against someone. The doctor messes up. But what Vickilyn did was illegal. My two cents.
rozee
Feb 8th, 2010
mjfan, What these nurses did was not illegal. They did not violate HIPPA, nor did they harrass the doctor. They voiced their concerns to the appropriate persons, their voices ignored. They acted well within legal bounds in reporting their concerns. They were illegally retaliated against by being fired for being “whistle-blowers.” The standards of care were violated in patient care- and so they had reason to report their concerns. The case was dropped against Vickilyn Galle. Today Anne Mitchell stands trial.
Pat
Feb 8th, 2010
These nurses deserve thanks for being willing to go out on a limb to advocate for the patient welfare. He wasn’t harassed. He was reported for poor medical practice.
Cat
Feb 8th, 2010
This is why nurses, the best people to see malpractice, so often don’t report it – fear of the clout doctors have. That doctor will keep iy up til he kills someone and the nurses’ careers are ruined. in what way was information “illegally obtained” if they reported things they witnessed?
mjfan
Feb 9th, 2010
My understanding is that the nurse came across the information based on her position as the nursing supervisor. I don’t think she witnessed the items herself. From what I read, she dug up medical records to find the things against the doctor. That’s illegal.
Nurse
Feb 23rd, 2010
As nurses, it is OUR JOB to report anyone, who is doing things out of their scope of practice Dr. or not.
nursedouglas
Feb 23rd, 2010
I believe those nurses did the right thing. It is our job to be patient advocates, and if it weren’t for brave nurses, like the above mentioned, more patients would be in danger. I applaud those nurses for doing the right thing and reporting the doctor. I do not feel that it was misuse of information because the reported it to the right place and DID NOT break any HIPPA laws! I hope more nurses have the courage to stand up for patients, and hope that in the future we’re not punished for doing our jobs! Thank you ladies and may god be with you!
A Nurse
Feb 25th, 2010
A nurse should first and always look out the welbeing of her patients. Should a fellow nurse or doctor endanger the welfare of a patient then it is that nurses responsibility to report the incident, truthfully and as thoroghly as she is capable of. This doctor found a place to work in a rural setting where he thought he could do as he pleased and not suffer the consequences of giving less the adequate care. Living in a rural area that has difficulty aquiring doctors does not mean these patients have less rights or that those rights can be violated. Nurses and doctors must be held accountable. Bullying these nurses for reporting the truth shows his character for what it is. The nurses reported to the medical board what they felt was a threat to their providing quality of care to their patients. The worst part is they felt they had to do this reporting anonymously,without their hospitals support. The nursing supervisor was attempting to protect her patients. Had one of these patients been seriously injured or died she would have been to blame for not reporting this same doctor. Ever wonder why there is a shortage of good nurses?
Mary
Feb 28th, 2010
The police in this case overstepped their authority, in my opinion.