MEDICAL: NURSES AND NURSING : UNITED STATES: STATES: TEXAS : WHISTLE BLOWING AND WHISTLE BLOWERS : LAW: CASES: Nurse Association Targets Winkler County Hospital 7/16/09

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David P. Dillard

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Jul 17, 2009, 9:13:49 AM7/17/09
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MEDICAL: NURSES AND NURSING :
UNITED STATES: STATES: TEXAS :
WHISTLE BLOWING AND WHISTLE BLOWERS :
LAW: CASES:
Nurse Association Targets Winkler County Hospital 7/16/09

Nurse Association Targets Winkler County Hospital 7/16/09
Eddie Garcia
CBS 7 News
July 16, 2009
West Texas
<http://www.cbs7kosa.com/news/details.asp?ID=13685>

KERMIT, TX The American Nurses Association (ANA), which represents the
interests of the nations 2.9 million registered nurses, is joining forces
with the Texas Nurses Association (TNA) to strongly criticize the recent
indictment and prosecution of two registered nurses in Winkler County,
Texas, for reporting to the Texas Medical Board their concerns about a
physicians standard of practice at the Winkler County Memorial Hospital in
Kermit, Texas. ANA and TNA are gravely concerned about the chilling effect
the countys actions could have on future nurse "whistle blowers" who
advocate for their patients in the nations hospitals. An initial hearing
on the nurses motions to dismiss the case was held July 15 in the Winkler
County Courthouse but no rulings were made on any of the motions.

"ANA wants Winkler County to know the world is watching we will be
monitoring this case closely in the hope that the apparent abuse of
prosecutorial discretion will be corrected," said ANA President Rebecca M.
Patton, MSN, RN, CNOR. "It is outrageous to file criminal felony charges
against these nurses based on allegations that they raised concerns over a
physicians actions. This undermines one of the basic tenets of the nurses
Code of Ethics nurses have a duty to advocate for the health and safety
of their patients, and that is what these nurses were doing."

ANA/TNA Speak Out Against the Wrongful Prosecution of Winkler County
Nurses/2 of 2criminal charges against both nurses.

Because the two nurses worked for a county hospital and included medical
record numbers of the patients in their reporting (no patient names were
disclosed) the County Attorneys office indicted them on misuse of
official information a third-degree felony that carries potential
penalties of two-to-ten years imprisonment and a maximum fine of $10,000.
Mitchell and Galle, both long-time nurses at the hospital, were fired from
their positions.

ANA and TNA believe the law is being misinterpreted to wrongly prosecute
Mitchell and Galle as punishment for filing a complaint against a
physician. "No nurse should be penalized because he or she is advocating
for patient safety," said Clair B. Jordan, MSN, RN, executive director of
TNA. "The nursing profession is standing behind these two nurses right
now."


----------------------------------------

Nurses Arrested in Winkler County Get Some Big Support
Staff Report
NewsWest 9
<http://www.newschannel10.com/Global/story.asp?S=10741087>


WINKLER COUNTY - A couple of former Winkler County nurses now have some
big support after they were arrested and charged with misusing official
documents.

On Thursday, the State and National Nurses Associations are spoke out
against Winkler County.

Officials with the American Nurses Association say the County Attorney is
wrong for prosecuting Anne Mitchell and Vicki Galle.

----------------------------------------

Texas Nurses Association Establishes Legal Defense Fund
To Support Nurses Indicted for Being Patient Advocates
<http://www.texasnurses.org/displaycommon.cfm?an=1&subarticlenbr=509>

In Winkler County, a small West Texas county adjacent to the southeast
corner of New Mexico, two registered nurses are facing criminal
indictments because they wanted to advocate for their patients. The
felony charge: misuse of official information. Under the Texas Penal
Code, misuse of information is a third-degree felony that carries the
potential for two-to-ten years imprisonment and upwards of a $10,000 fine.
Its a pretty serious situation.

Texas Nurses Association recently learned of the accusation that the two
nurses both TNA members reported a physician at their hospital a county
hospital to the Texas Medical Board because they had concern that the
physicians practice was below the acceptable standard of care. The nurses
were soon thereafter terminated by their hospital employer. And, the
physician had also filed a harassment complaint against them with the
county sheriffs department. The criminal charges according to a television
news broadcast by KWES NewsWest 9 in Midland, Odessa, Big Spring, were
because the nurses sent patient files to the state medical board in an
attempt to harm one of the hospitals physicians.


<snip>


Retaliation?


While Texas Nurses Association is aware of other cases of nurses being
retaliated against because they advocated for patients, this is the first
case in Texas in which nurses have been criminally charged for acting as
patient advocates. TNA stands on the belief that no nurse should be
retaliated against intimidated, coerced, threatened, harassed, demoted,
written up or fired for advocating for a patient.

It is an absolute right, states Clair Jordan, MSN, RN, executive director
of Texas Nurses Association,that has directed TNA for over 20 years to
pass laws to protect nurses from such retaliation.This whole criminal case
is just outrageous, she said.


TNA Establishes Legal Defense Fund


To support the legal rights of these nurses in Winkler County and the
rights of every practicing nurse in Texas to advocate for patients Texas
Nurses Association has established the TNA Legal Defense Fund. The first
$10,000 in donations to the fund will be used exclusively to assist the
nurses in Winkler County with their legal defense. Texas Nurses
Association will match every $1 contributed to the fund by individual
nurses up to $5000.


<snip>


------------------------------------

The complete articles may be read at the URLs provided for each.

Learn much more from other Net-Gold posts about the nursing profession at
this URL:


<http://www.google.com/search?q=(nurse+OR+nurses+OR+nursing)+
and+%22net-gold%22+and+%22temple.edu%22&hl=
en&rlz=1T4DAUS_enUS314US314&filter=0>

A shorter URL for the above link:

<http://tinyurl.com/nmsed5>

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David P. Dillard

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Aug 8, 2009, 1:47:22 PM8/8/09
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MEDICAL: NURSES AND NURSING :
UNITED STATES: STATES: TEXAS :
WHISTLE BLOWING AND WHISTLE BLOWERS :
LAW: CASES:

UPDATE: Prosecution and Defense Waiting on
Ruling from Judge on Hearing for
Two Kermit Nurses 8/5/09

Two Former Winkler County Nurses Appear Before a Judge
By Wyatt Goolsby
NewsWest 9
News West 9.com Television KWES
<http://www.newswest9.com/Global/story.asp?S=10855544>

"This is not a criminal case," Midland-based attorney Brian Carney, who is
representing the nurses, explained. "This is a case of two nurses doing
what they think is the right thing and what they are obligated to do by
their licensing agency and by the Texas Board of Medicine and doing what
they think is proper for patient safety."

At Wednesday morning's hearing, lawyers on both sides talked about the
nurses complaints against the doctor. The complaints include patient
safety, and encouraging his own patients to buy his own herbial
supplements.

"I think statewide and nationwide this case has gotten attention because
nurses are afraid because of conduct like this to report what they think
is unsafe conduct committed by doctors. If this is allowed to happen,
people are allowed to be prosecuted for this type of behavior, it can have
a chilling effect on the speech of nurses," Carney said.

The Winkler County District Attorney and Sheriff still refuse to talk on
camera about the case.

----------------------------------------

UPDATE: Prosecution and Defense Waiting on Ruling from Judge on Hearing
for Two Kermit Nurses 8/5/09
Beau Berman
CBS 7 News
August 5, 2009
Kermit, Texas -
UPDATE: 6:00PM
<http://www.cbs7kosa.com/news/details.asp?ID=14150>


Winkler Co. Sheriff Robert Roberts was questioned by the defense and
prosecution. During questioning Roberts revealed that he is a patient of
Dr. Arafiles and has used the herbal supplements Dr. Arafiles sells to
patients. Roberts said his kids also see Dr. Arafiles and that he
sold/distributed some of the herbal supplements in the past.

Texas Nurses Association General Counsel, Jim Willmann, called the
prosecution of Anne Mitchell and Vicki Galle "appalling".


<snip>


UPDATE: 2:16PM


During the trial evidence that Doctor Rolando Arafiles had previous
troubles with his license came out. Arafiles had his medical license
revoked in New York before coming to Texas.

In Texas, Arafiles operates under a restricted license.

The prosecution clarified their case against the nurses accusing them of
misusing official information for non-governmental use. Attorney Tidwell
asserts the nurses used patient records as part of the evidence they
offered to the Texas Medical Board to harass or annoy Dr. Arafiles.

The defense says the nurses filed legitimate professional complaints
against both Arafiles and the hospital.

They say those complaints are not subject to search warrants or in court
evidence because they are considered confidential by the Texas Medical
Board, which is a state agency.


<snip>


Representatives with the Texas Nurses Association are in court in support
of the nurses.

TNA general counsel Jim Willman and another colleague are in the courtroom
now.

Courthouse workers tell CBS 7 the turnout in the courtroom this morning is
the largest they've ever seen.


--------------------------------


The complete articles may be read at the URLs provided for each.

Previous coverage of these firings and this Texas law case on Net-Gold may
be found at this URL:


<http://www.google.com/search?q=nurses+and+texas+and+winkler+and+
%22net-gold%22+and+%22temple.edu%22+and+(whistleblower+OR+
whistleblowers+OR+misuse+OR+%22medical+board%22)&hl=en&rlz=
1T4DAUS_enUS314US314&filter=0>


A shorter URL for the above link:


http://tinyurl.com/lnodqz

David P. Dillard

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Aug 8, 2009, 6:21:22 PM8/8/09
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MEDICAL: NURSES AND NURSING :
UNITED STATES: STATES: TEXAS :
WHISTLE BLOWING AND WHISTLE BLOWERS :
LAW: CASES:

Prior Complaint States Kermit Doctor Disciplined
By TX Medical Board 7/23/09

Prior Complaint States Kermit Doctor Disciplined
By TX Medical Board 7/23/09
CBS 7 West Texas
<http://www.cbs7kosa.com/news/details.asp?ID=13868>


Back in April of 2007, Dr. Arafiles' license was up for review by the
Texas Medical Board while he worked as a contract physician for a
weight-loss clinic.

The allegations were that he authorized prescriptions to be written for
the powerful diet drug Phentermine for patients who were not classified as
obese, along with providing diuretics for patients who didn't need them.

The board stated that Dr. Arafiles quote - "failed to make an independent
medical professional decision about the appropriateness of the protocol."
at the clinic.

The document states the doctor eventually became concerned that the
patient's were relying too heavily on the medication and not lifestyle
changes for their weight loss.

As a result of the hearing, for three years, Dr. Arafiles cannot supervise
or sign off on prescriptions written by a PA, nurse, or surgical
assistant.


Arafiles and Chelation Therapy
The Victoria Advocate - Jan 10, 2004
<http://news.google.com/newspapers?nid=861&dat=
20040110&id=D5wMAAAAIBAJ&sjid=4GEDAAAAIBAJ&pg=6566,2442601>


A shorter URL for the above link:


<http://tinyurl.com/m4c9ug>

David P. Dillard

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Aug 9, 2009, 7:48:32 AM8/9/09
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MEDICAL: NURSES AND NURSING :
UNITED STATES: STATES: TEXAS :
WHISTLE BLOWING AND WHISTLE BLOWERS :
LAW: CASES:

JANE ANN MORRISON: West Texas Case Gives Credence
to Retaliation Argument About Desai Clinics

JANE ANN MORRISON: West Texas Case Gives Credence
to Retaliation Argument About Desai Clinics
Las Vegas Review Journal
Aug. 08, 2009
<http://www.lvrj.com/news/52756397.html>

In Kermit, Texas, two nurses are fighting criminal prosecution and were
fired after they tried to blow the whistle on a local doctor. What sounds
like a tall West Texas tale is making Nevada nurses wonder: Could this
happen here?


<snip>


However, after the medical board told the doctor he was being
investigated, he turned to Winkler County officials and filed a harassment
complaint with the sheriff (also his patient). The sheriff identified the
nurses -- Anne Mitchell and Vicki Galle -- and then the district attorney
charged both with misuse of official information -- a felony. Plus, the
hospital fired them.


<snip>


At that hearing, news outlets reported that the sheriff and DA said they
have evidence Mitchell used a county computer at the Community Center to
harass the doctor. The CBS affiliate reported that Winkler County Sheriff
Robert Roberts said he and his children are patients of Dr. Arafiles and
the sheriff has used the doctor's herbal supplements.


<snip>


While this thing in Kermit seems absurd, it does give credence to the
argument that nurses and nurse anesthetists who observed unsafe practices
at Dr. Dipak Desai's Las Vegas endoscopy clinics didn't speak up because
they feared they'd be fired, no matter what the law said.

George Cox, a certified registered nurse anesthetist expert in the civil
cases concerning hepatitis, believes nurses in Nevada should worry about
what's happening in Kermit. He argued Nevada's whistle-blower laws are
"ineffective in preventing retaliation" within employment settings,
especially if the clinics are owned or managed by physicians and
hospitals. "They will always find a way or a reason to punish the
noncompliant nurse."


<snip>


Any barrier put up to discourage nurses from reporting misconduct, thus
compromising patient safety, needs to be torn down.

That's why nurses and patients need to follow this big time story in
Kermit, because Kermit is proof Las Vegas isn't the only place where
ridiculousness runs rampant.


----------------------------------------------


The complete article may be read at the URL above.

Additional Coverage of the West Texas law case at this URL:


<http://www.google.com/search?q=%22net-gold%22+and+%
22temple.edu%22+and+winkler+and+nurses&hl=
en&rlz=1T4DAUS_enUS314US314&start=0&sa=N&filter=0>


A shorter URL for the above link:


<http://tinyurl.com/n9mg7g>


and in this post as well:


<http://groups.yahoo.com/group/Net-Gold/message/29651>

David P. Dillard

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Feb 7, 2010, 6:50:46 PM2/7/10
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MEDICAL: NURSES AND NURSING :
UNITED STATES: STATES: TEXAS :
WHISTLE BLOWING AND WHISTLE BLOWERS :
LAW: CASES:

Who Are the Real Victims of the Winkler County Case?

Who Are the Real Victims of the Winkler County Case?
October 1, 2009 11:00 AM
by Amy McGuire
Healthcare POV
Advances for Nurses
<http://community.advanceweb.com/blogs/nurses3/archive/2009/10/01/
who-are-the-real-victims-of-the-winkler-county-case.aspx>

A shorter URL for the above link:

<http://tinyurl.com/yd6624w>


Anne Mitchell, RN, and Vicki Galle, RN, have been caring for their
patients for more than 20 years. But this summer, after both nurses tried
to report what they considered to be subpar care by a physician, they
ended losing their jobs and getting arrested. Today, they face
third-degree felony charges and could wind up serving 10 years in prison.


You can read more about their case here, but in the time since I wrote
that article, I learned more about this case and the key players who are
at the center of it. And despite all the research I've done, I seem to
have more questions than answers.


<http://nursing.advanceweb.com/Article/Whistling-a-Different-Tune-4.aspx>


Seeing the Sheriff

At the heart of the story are two nurses who filed an anonymous complaint
to the Texas Medical Board (TMB) on April 7 to report what they considered
unprofessional services by Rolando Arafiles Jr., MD, one of only three
physicians at the 15-bed county hospital in Kermit, TX, and reportedly the
only physician who lives in the small town.

The nurses complained that Arafiles improperly encouraged patients at the
hospital ED and the Winkler County Rural Health Clinic to buy herbal
medicines and said that the hospital's chief of staff once stopped the
physician from taking medical supplies to perform a procedure at a
patient's home.

As it turns out, Arafiles operates under a restricted license and cannot
supervise or sign off on prescriptions written by a PA, nurse or surgical
assistant. Apparently, his license was up for review in April 2007 by the
TMB which stated that Arafiles "failed to make an independent medical
professional decision about the appropriateness of the protocol" at the
weight loss clinic where he authorized prescriptions for the diet drug
phentermine for patients who were not classified as obese.

And yet, when the TMB notified the physician he was under investigation
again, Arafiles called the sheriff.

This is where the story gets strange. Why didn't Arafiles go to a
supervisor or the hospital board instead of contacting local authorities?
As it turns out, Arafiles and Sheriff Robert Roberts are reportedly
friends, and the sheriff is also a customer of Arafiles' herbal supplement
business.


<snip>

Additional Topics Covered in This Article:


Criminals?

Fighting Back

The nurses' attorneys were seeking dismissal of the charges, but a
district judge denied the motions and ordered the case to trial. Although
a trial date has not yet been scheduled, the only date open for the 2009
docket for a Winkler County trial is Nov. 3, according to the Winkler
County District Clerk's office. However, due to the publicity surrounding
the case, the possibility of changing the venue of the trial is also in
consideration.

According to the TNA, no current Texas law, or laws in any other state,
prohibits a local prosecutor from pursuing criminal action as the Winkler
County district attorney has done in this case. It may be an abuse of
prosecutorial discretion, and the nurses may ultimately have an action
(lawsuit) for malicious prosecution, but no one anticipated the need to
try to limit the discretion of local prosecutors. No one ever imagined
that a nurse would be criminally prosecuted for reporting a patient care
concern to a licensing agency.

And yet, two nurses in Texas must defend themselves against the criminal
charge. If these two nurses are found guilty, the person who will suffer
in the end is the patient.

The TNA established a legal defense fund with the hope of raising at least
$10,000 to help pay the legal expenses of the two nurses. To date, the
fund has generated over $35,000. To make a donation, visit the TNA Web
site at


<http://www.texasnurses.org/>

The complete article may be read at the URL above.

Prior Net-Gold Coverage of this case may be
found by using this URL:


<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>

RUSSELL CONWELL CENTER SUBJECT GUIDE
http://guides.temple.edu/Russell-Conwell-Center
THE COLLEGE LEARNING CENTER
<http://tinyurl.com/yae7w79>


Nina Dillard's Photographs on Net-Gold
http://tinyurl.com/36qd2o

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Bushell, R. & Sheldon, P. (eds),
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Wellness Tourism: Bibliographic and Webliographic Essay
David P. Dillard
<http://tinyurl.com/p63whl>
<http://tinyurl.com/ou53aw>


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David P. Dillard

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Feb 8, 2010, 11:56:36 AM2/8/10
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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.


--------------------------------------------


The complete article may be read at the URL above.

Sincerely,

David P. Dillard

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Mar 7, 2010, 7:18:42 AM3/7/10
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MEDICAL: NURSES AND NURSING :
UNITED STATES: STATES: TEXAS :
WHISTLE BLOWING AND WHISTLE BLOWERS :
LAW: CASES:

Nurses Turn Legal Tables


Nurses Turn Legal Tables
March 05, 2010 4:06 PM
BY JIM MUSTIAN
OA Online
<http://www.oaoa.com/news/mitchell-44009-nurses-county.html>


Emboldened and vindicated by a recent acquittal, two former Winkler County
nurses have shifted their sights to a federal lawsuit that turns the
tables on the county officials who prosecuted them and the hospital
administrator who fired them.

<snip>

I expect for these ladies to be made whole, lead defense attorney John H.
Cook IV of Midland said moments after the two-word verdict. Thats all we
seek.

In addition to justice, the former nurses are seeking compensation for
their termination from Winkler County Memorial Hospital and damages for
the emotional pain and suffering caused by the whole ordeal.


In the lawsuit, Mitchell and Galle contend they were fired from the
hospital out of retaliation after authorities linked them to an anonymous
complaint that urged the medical board to look into several questionable
cases involving Arafiles. They claim a vindictive prosecution deprived
them of their civil rights.


Editorial
Medical Justice, West Texas-Style
February 9, 2010
New York Times
<http://www.nytimes.com/2010/02/10/opinion/10wed3.html>


As described by Kevin Sack in The Times recently, Mrs. Mitchell raised
concerns about Dr. Rolando G. Arafiles Jr. with the Texas Medical Board,
which licenses and disciplines doctors. She alleged that he had delivered
inappropriate care in six cases and had encouraged patients to buy an
herbal supplement that he sold on the side. Charges against a second nurse
who helped write the complaint were dropped by prosecutors.


After the medical board notified the doctor that a complaint had been
lodged, small-town justice took over. Dr. Arafiles protested to the county
sheriff, a friend who credits the doctor with saving his life after a
heart attack and who is, court submissions say, a business associate in
the herbal supplement sideline.


The sheriff contacted the patients listed in the complaint, analyzed the
supposedly confidential letter for clues as to the authors, obtained a
search warrant to examine the computers of the two nurses he suspected,
and found the letter on Mrs. Mitchells computer.

<snip>

It is disturbing that this case even reached the courts. The physicians
performance should have been evaluated by the medical board before a
criminal prosecution undermined the boards ability to obtain frank
information from other hospital personnel. If the nurses had a flimsy,
concocted case, the doctor would presumably have been exonerated. This
case also is bound to have a chilling effect on the willingness of nurses
to report doctors believed to be endangering patients. That is not good
news.

From Medscape Medical News
Whistleblowing Nurses Case Highlights Need for More Open Quality-of-Care
Culture
Robert Lowes
March 3, 2010
<http://www.medscape.com/viewarticle/717867>

The recent case of 2 Texas nurses criminally prosecuted for reporting a
physician to the state medical board over patient safety is a call for a
healthcare system that does not treat truth-tellers like snitches, experts
contend.


To James Conway, a senior fellow at the Institute for Healthcare
Improvement, the term "whistleblower" is a symptom of a dysfunctional
system that is afraid to scrutinize its own performance.


"In the world of healthcare quality and safety, we don't use the term
'whistleblower,' " Conway told Medscape Medical News. "Whistleblowing
suggests that you have to leave your job and your role to do it. I believe
in a nurse reporting what she sees. It's not whistleblowing. It's your
job."


Alice Bodley, general counsel for the American Nurses Association, also
believes the concept of a whistleblower ought to disappear. Instead,
hospitals should encourage nurses and other clinicians to speak up about
quality-of-care issues, said Bodley. "They'd feel as if they were
contributing to the mission of the organization. It's a cultural shift."


She described progress toward that goal as "slow and incremental."


The 2 whistleblowing nurses in Texas experienced a measure of exoneration.
The criminal charge was dropped against one, and a jury acquitted the
other one. The story of how the nurses attempted to safeguard patients in
their small Texas community, however, reverberates throughout an industry
still learning how to deal with its imperfections. Better laws to protect
whistleblowers, said Bodley, are part of the solution.


Authorities Seized Key Memo From Nurse's Work Computer


The Texas case centered on a memo that 2 veteran nurses, Anne Mitchell,
RN, and Vickilyn Galle, RN, sent to the Texas Medical Board in April 2009
regarding Rolando Arafiles Jr, MD. All 3 at the time were employees of
Winkler County Memorial Hospital in Kermit, Texas. Mitchell had been the
hospital's compliance officer, and Galle headed up quality control and
utilization management.

In the memo, the nurses laid out safety concerns about Dr. Arafiles'
practice of medicine, including his use and sale of herbal medicines.

<snip>

Whistleblower Laws Benefit Nurses and Physicians Alike


Nurses arguably need more whistleblower protection than other clinicians.
For one thing, they're in a position to observe mistakes others may miss.
While a rounding physician may spend only a few minutes a day with a
hospitalized patient, a nurse can be at the bedside throughout the day.
"In many situations, they're at the center of the healthcare delivery
team," said Bodley.


At the same time, when a nurse questions the actions of a physician, a
hospital may have a vested interest to "push back" against the nurse when
its bottom line is at stake, said Bodley. "A physician could be bringing
lots of surgical cases to the hospital."


That said, physicians also benefit from whistleblower laws because they,
too, report subpar patient care to authorities. Protecting such physicians
from reprisal is a cause cre for the Association of American Physicians
and Surgeons (AAPS), based in Tucson, Arizona.


"Increasingly, hospitals are retaliating against physician whistleblowers
to silence them and to end their careers," the AAPS stated in written
Congressional testimony in 2007. "Hospital administrators frequently are
more concerned about expanding their power and managing the hospital's
business operations than improving patient care, and physicians who speak
out for quality therein have become targets."


Interestingly, the AAPS posted an article on its Web site about the
Winkler County nurses case shortly before Anne Mitchell's acquittal,
suggesting that Dr. Arafiles was the victim of a vendetta.


"The broader question," the article stated, "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."


Other physicians, however, sided with the 2 nurses and contributed to
their legal defense fund, noted Cindy Zolnierek.

<snip>


-------------------------------------------


The complete articles may be read at the URLs provided for each.


Previous coverage of the Winkler Nurses case in Net-Gold and affiliated
lists.


<http://www.google.com/search?q=nurses+and+winkler+
and+%22net-gold%22+and+%22temple.edu%22&hl=en&filter=0>

A shorter URL for the above link:

<http://tinyurl.com/yzo86td>

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