The Sheriff of Winkler County Texas
Robert Roberts Jr "done learned how to crawl".
Don't let Dr. Arafiles, Sheriff Roberts, and County Attorney Tidwell get away with abusing the system. Replace the Sheriff and the Prosecutor, run for office or vote against them.
The jury of six men and six women deliberated for about one hour before reaching their verdict in a case that had drawn national attention. After the verdict was read, each of the jury members went over to the nurse and hugged her, courtroom observers said.
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Sheriff Roberts story bears a striking resemblence to the corrupt sheriff Buford Pusser took on and beat. Both could eat more lettuce, both wore the trademark hat, in our opinion both abused the system and made their own rules and both need to be replaced by a Sheriff who Walks Tall
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Sheriff Robert Roberts Jr: He abuses the law and society he needs to be relaced by a real Sheriff
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| The Nurse, Anne Mitchell: She did the right thing and is becoming a heroic figure (Michael Stravato for The New York Times) |
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Nurse to Stand Trial for Reporting Doctor
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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.
Anne Mitchell, right, and Vickilyn Galle wrote the letter to regulators that drew felony charges.
Sheriff Robert L. Roberts Jr., who investigated the case against the nurses, voiced confidence in it.
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. ìI said how can this be? You canít 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 ìmisuse 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 ó including a failed skin graft that Dr. Arafiles performed in the emergency room, without surgical privileges. He also sutured a rubber tip to a patientís crushed finger for protection, an unconventional remedy that was later flagged as inappropriate by the Texas Department of State Health Services.
Charges against a second nurse, Vickilyn Galle, who helped Mrs. Mitchell write the letter, were dismissed at the prosecutorís discretion last week.
The case has been infused with the small-town politics of this wind-whipped city of 5,200 in the heart of the Permian Basin, 10 miles from the New Mexico border. The seeming conflicts of interest are as abundant as the cattle grazing among the pump jacks and mesquite.
When the medical board notified Dr. Arafiles of the anonymous complaint, he protested to his friend, the Winkler County sheriff, that he was being harassed. The sheriff, an admiring patient who credits the doctor with saving him after a heart attack, obtained a search warrant to seize the two nursesí work computers and found the letter.
Both sides acknowledge that the case has polarized the community, and the judge has moved the trial to a neighboring county.
The state and national nurses associations have called the prosecution an outrage and raised $40,000 for the defense. Legal experts argue that in a civil context, Mrs. Mitchell would seem to be protected by Texas whistle-blower laws.
"To me, this is completely over the top," said Louis A. Clark, president of the Government Accountability Project, a group that promotes the defense of whistle-blowers. ìIt seems really, really unique."
Until they were fired without explanation on June 1, Mrs. Mitchell and Mrs. Galle had worked a combined 47 years at Winkler County Memorial Hospital here, most recently as its compliance and quality improvement officers.
The nurses, who are highly regarded even by the administrator who dismissed them, said the case had stained their reputations and drained their savings. With felony charges pending, neither has been able to find work. They said they could feel heads turn when they walked into local lunch spots like El Joeyís Mexican restaurant.
"It has derailed our careers, and weíre probably not going to be able to get them back on track again," said Mrs. Galle, 54, a grandmother who is depicted around town as the soft-spoken Thelma to Mrs. Mitchellís straight-shooting Louise. ìWeíre just in disbelief that you could be arrested for doing something you had been told your whole career was an obligation."
It was not long after the public hospital hired Dr. Arafiles in 2008 that the nurses said they began to worry. They sounded internal alarms but felt they were not being heeded by administrators.
Frustrated and fearing for patients, they directed the medical board to six cases "of concern" that were identified by file numbers but not by patient names. The letter also mentioned that Dr. Arafiles was sending e-mail messages to patients about an herbal supplement he sold on the side.
Mrs. Mitchell typed the letter and mailed it with a separate complaint signed by a third nurse, who wrote that she had resigned because of similar concerns about Dr. Arafiles. That nurse was not charged.
To convict Mrs. Mitchell, the prosecution must prove that she used her position to disseminate confidential information for a "nongovernmental purpose" with intent to harm Dr. Arafiles.
Mari E. Robinson, executive director of the Texas Medical Board, has warned in a blistering letter to prosecutors that the case will have "a significant chilling effect" on the reporting of malpractice.
The nurses' lawyers, John H. Cook IV and Brian Carney, have filed a civil lawsuit in federal court charging the county, hospital, sheriff, doctor and prosecutor with vindictive prosecution and denial of the nurses' First Amendment rights.
Nonetheless, the sheriff, Robert L. Roberts Jr., and the prosecutor, Scott M. Tidwell, express confidence in their case.
"The only side of the story that the town has heard is that these are sisters of mercy, missionaries of peace," said Mr. Tidwell, who is trying the case because the district attorney is in poor health. ìThe town has not heard the whole story."
Dr. Arafiles, 47, who attended medical school in his native Philippines and trained in Baltimore and Buffalo, said his lawyer had advised him not to talk. "I've been brutalized and abused," he said."I'm the victim in this case, and that is all I can say."
Several Texas laws would seem to enshrine a nurseís right, and perhaps duty, to report a physician when he or she believes that patients are at risk. Lawyers on both sides agree that the case will hinge on whether a jury believes that Mrs. Mitchell reported in good faith. In civil whistle-blower cases, the Supreme Court of Texas has held that good faith requires only a reasonable belief that the conduct being reported is illegal.
The hospital administrator, Stan Wiley, said in an interview that Dr. Arafiles had been reprimanded on several occasions for improprieties in writing prescriptions and performing surgery and had agreed to make changes. Mr. Wiley, who said it was difficult to recruit physicians to remote West Texas, said he knew when he hired Dr. Arafiles that he had a restriction on his license stemming from his supervision of a weight-loss clinic.
In a surprise inspection last September, state investigators found several violations by Dr. Arafiles and concluded that the hospital had discriminated against the nurses by firing them for ìreporting in good faith."
But Sheriff Roberts, who has held the post for 18 years, said the state would show that the complaint had been filed in vengeance. "If itís made to destroy somebody's reputation or forcing them to leave town," he said, ìthen I donít believe it is good faith."
Sheriff Roberts called Dr. Arafiles "the most sincerely caring person I have ever met."
Mr. Wiley said he believed that the nurses had acted in bad faith because they went to the state despite his internal efforts to discipline Dr. Arafiles. But, he said, "I don't believe they did it on a personal vendetta."
Mrs. Mitchell said all she saw at the hospital was delay.
"The medical staff needed to make a decision on him," she said. "You don't get a second chance to save somebody's life."
By KEVIN SACK
New York Times
February 6, 2010
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Mitchell-Galle: Vindication
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... Anne Mitchell found not guilty. Nurses and the nursing profession across the nation receive validation. |
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A vindicated smile. Nurse Ann Mitchell walked tall.
Photo by AP |
The Winkler Post
John Reed ® February 11, 2010
The 6-woman 6-man jury took exactly one hour to reach their findings in the four day trial of Anne Mitchell but, perhaps, they were not aware they were validating not only the actions of Ms. Mitchell but the actions of every nurse in the State of Texas and the nation.
Although the prosecution decided not to prosecute Vickilyn Galle, she too can consider vindication as hers. However, both Anne Mitchell and Vickilyn Galle were both fired from their jobs at Memorial Hospital and their names and reputations have been forever marred.
Reinstatement, if they so choose, –further vindication, for both Mitchell and Galle will again come at the hand of the legal system in the form of a successful ending to their pending civil lawsuit.
Vindication is one thing –names and reputations, quite another. Time, may heal but, the more accurate process of time's effect is their wounds will become hardened –with scar tissue. Hopefully, in time, their minds will diminish the anguish.
The trial.
Media outlets across the state, nation and the world have taken a keen interest in Anne Mitchell's trial and every news outlet with a keyboard, camera and microphone is offering some form of report, statement (sometimes not factual) and or opinion. We here at the Winkler Post are no exception.
However, most of those offering the myriad of reports, statements and or opinions –were not in the courtroom to hear every word uttered in testimony nor were they there to hear every question asked by the prosecution and the defense team. Nor do most understand the nuances of small-town life where all the parties involved are –Neighbors.
It's the "Neighbor -VS- Neighbor" aspect that made this trial so difficult to accept –not only for Mitchell and Galle but nurses and medical professionals within Winkler County and our community as a whole. Respected Neighbors saying –doing unimaginable things because of misguided pride, malcontent –and ignorance.
Nevertheless, our neighborly disputes ended up in, and was settled in a court of law. Unfortunately, the definition of "neighborly" may need re-defining.
We cannot say there were any "bright spots" during the trial and the only way to describe the seriousness in the courtroom would be... "You should have been there" as only those who witnessed the tenseness and intensity will understand. That said, there WERE some Defining Moments within questioning and testimony, at least in our opinion. We should also iterate the low points where we found testimony somewhat unbelievable –in the sense that we could not believe an individual could harbor such skewed concepts of "what is".
A few of the Defining Moments.
The defense team (Brian Carney, John Cook, Stephen Tailaferro), on day two, began the relentless grilling of every witness called by prosecutor for the State, Scott Tidwell (Winkler County Attorney). John Cook was the "grill-master" for the defense and from our vantage point in the courtroom gallery, we got the distinct impression the first few witnesses (Some, not all) experienced –epiphanies, of sorts, when they were informed of facts they were apparently unaware of and questioned accordingly. Whether or not our "impressions" were accurate... We would hope those that were made aware of genuine facts did in fact come to realize their views were tainted in the past.
Also, concerning the prosecution's first witnesses: Tidwell's questioning seemed somewhat jaded in that it appeared to be more intent on the character assassination of Anne Mitchell in an attempt to establish the "vindictiveness" aspect, toward Dr. Rolando Arafiles.
Vindictiveness –in the form of derogatory name calling (by Mitchell) referencing Dr. Arafiles.
As the trial progressed the vindictiveness aspect became a mute point although most agreed it was "Unprofessional" conduct... That we ALL are guilty of at some point in our lives.
We must inject here, so our readers will understand coming comments, that a good portion of the trial was to establish the lack of "Standard of Care" issued by Dr. Arafiles. Some of the statements are out of sequence but, all relate to and define "Standard of Care". Readers should keep the phrase "Standard of Care" at the forefront of understanding as this was the impetus for the reports to the Texas Medical Board (TMB) by Anne Mitchell and Vickilyn Galle... The major "Connection" needed, in respect to the justification of the reports.
To emphasize the importance of that connection and on top of the TMB reports and including statements by Naomi Warren and Ms. Debby Egger; there was an exclamation point added and the term "Standard of Care" was rewritten (so to speak) in a bold manner by the very last witness called by the defense, Dr. Sean Roden. Dr. Roden, an esteemed expert witness had examined five patient records pertaining to the case and found they (the patients) did indeed suffer substandard and less than "Standard of Care". Mr. Tidwell, for the State, did not dispute Dr. Roden's testimony.
In our opinion, one of the other major defining moments was, in a calm, concise and informative manner –Ms. Warren's testimony, with more definition from Ms. Egger. Both Naomi Warren and Debby Egger were at one time employed at the Rural Health Clinic in Kermit but, now work at Monahans' Sandhills Clinic.
To further define the impetus of Mitchell's and Galle's reports to the TMB was the ineffective internal reporting system at Memorial Hospital.
At the risk, on our part, of assuming a situation/scenario that was not specifically mentioned, we got the impression that the initial hiring of Dr. Arafiles, which should not have been done; and Mitchell's and Galle's knowledge that he should not have been hired; coupled with the fact that the Hospital Administrator's (Stan Wiley) and the Board of Directors' insistence that Dr. Arafiles would be hired and given priveleges –knowing that action was prohibited by hospital bylaws; created an enormous degree of frustration on their part (the nurses) –which in turn left the two with only ONE alternative. Remove Dr. Arafiles by any legal means possible.
The phrase "Fighting City Hall" comes to mind. And, again an assumption on our part, that Frustration was construed by Sheriff Roberts as vindictiveness and was perhaps, blinded by his personal relationship with Dr. Arafiles and his concept of "vindictiveness".
Dr. Arafiles.
By now, everyone should be aware of the stipulations (by the TMB) placed on Dr. Arafiles' license to practice medicine, prior to his insertion at Memorial Hospital. These stipulations should have prevented his hire in the very beginning and had the Administrator and Board of Director followed the known and established protocols... He would not have been hired.
In reviewing our notes –numerous times, of Dr. Arafiles' testimony, we find ourselves at a loss for words to adequately describe his testimony. That said, we will simply state he found no fault in his medical practice procedure(s) or the treatment given to his patients (those specifically mentioned in the TMB reports). We'll also refer our readers to the "Standard of Care" references above... Which do not mention five patients of Naomi Warren's that visited the Monahans Sandhills Clinic after first beging "treated" by Dr. Arafiles and were reported to the TMB. Nor do the references above reflect the four NEW complaints Ms. Warren has filed with the TMB concerning Dr. Afafiles' treatment of patients.
That said, another expert witness called by the defense, Ms. Evelyn "Lolly" Lockhart, R.N., Ph.d. –provided passionate testimony in support of the nursing profession and all that nursing stands for –With emphasis on Patient Advocacy for "Standard of Care". Considering Dr. Afafiles' testimony and that of Dr. Lockhart's; Dr. Arafiles, possibly, will soon (a relative term) find the True Meaning of "Standard of Care" as well as State Sponsored "harassment" in the form of sanctions by the TMB.
If any person was ever "Credentialed" to explain the inner workings of the TMB or the Nursing Profession; Dr. Lockhart could very easily be termed the epitome of "expert witnesses" in that area. A registered nurse for the better part of 50 years, employed at every level of nursing at some point, including the administrative level at the Texas Medical Board.
Sheriff Robert Roberts
The text below is the basis of the indictments of both Vickilyn Galle and Anne Mitchell and that Sheriff Roberts believes to be the crux of the entire case.
To make the section of the Penal Code perfectly clear –A glossary of terms.
Public Servant
Governmental Agency Employee. Memorial Hospital IS a government agency since it is a County Owned-Operated Facility. Fact established in trial proceedings. Anne Mitchell and Vickilyn Galle were employed at a "Governmental Agency"
(information)... has not been made public
Confidential Information - Not Available to the General Public e.g. Patient Records
Harm
Established at trial that No Harm befell Dr. Arifiles simply by submitting the complaints.
Also established at trial and via documentation from the TMB (see the W.P. Forum) is the fact that the TMB is a Governmental Agency (State of Texas) and HIPPA exempt (capable of legally accepting confidental patient information.)
Sec. 39.06. MISUSE OF OFFICIAL INFORMATION.
(a) A public servant commits an offense if, in reliance on information to which he has access by virtue of his office or employment and that has not been made public, he:
(1) acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information;
(2) speculates or aids another to speculate on the basis of the information; or
(3) as a public servant, including as a principal of a school, coerces another into suppressing or failing to report that information to a law enforcement agency.
(b) A public servant commits an offense if with intent to obtain a benefit or with intent to harm or defraud another, he discloses or uses information for a nongovernmental purpose that:
(1) he has access to by means of his office or employment; and
(2) has not been made public.
(c) A person commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that:
(1) the public servant has access to by means of his office or employment; and
(2) has not been made public.
(d) In this section, "information that has not been made public" means any information to which the public does not generally have access, and that is prohibited from disclosure under Chapter 552, Government Code.
(e) Except as provided by Subsection (f), an offense under this section is a felony of the third degree.
(f) An offense under Subsection (a)(3) is a Class C misdemeanor.
During Sheriff Roberts' testimony, he maintained –viginately, that the complaints submitted by Mitchell and Galle were done for malicious and harmful reasons –never relenting to the fact the submissions were done for the sake of patient's not receiving "Standard of Care" treatment. We would also reference our mention of "Frustration -VS- Vindictiveness" (above).
Although there is a great deal more information and details concerning this trial, we will continue this chronicle in next week's issue as it will delve into the root problem concerning health care in Winkler County.
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Palm Beach Times
Quick Bites
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The Texas Medical Board
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The Texas Medical Board sent a letter to the attorneys stating that it is improper to criminally prosecute people for raising complaints with the board; that the complaints were confidential and not subject to subpoena; that the board is exempt from federal HIPAA law; and that, on the contrary, the board depends on reporting from health care professionals to carry out its duty of protecting the public from improper practitioners Rebecca Patton, president of the American Nurses Association, which represents the nation's almost 3 million nurses, wrote a letter to the Winkler county and district attorneys saying, "The world is watching (and) we will be monitoring this case closely." And yet, the prosecutor proceeded. Corruption acting like it is legitimacy while we watch.
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Texas Code of Criminal Procedure
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Winkler County Attorney website cites Art. 2.01 Texas Code of Criminal Procedure, which reads: "It shall be the primary duty of all prosecuting attorneys...not to convict, but to see that justice is done." Even if the Nurses were wrong the case should never have been brought but they were not wrong not even close.
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Who has the real Vendetta
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Indeed, the very fact that Sheriff Roberts and County Attorney Scott D. Tidwell continue to pursue this case to trial demonstrate that it is not Ms. Mitchell who's engaging in a vendetta; it's Dr. Arafiles through his buddy Sheriff Roberts and the clueless County Attorney Scott Tidwell who are all teaming up to engage in a bit of payback. It's so blatantly obvious from even a cursory examination of the case, and a deeper examination only reinforces this point. The trio's actions are utterly outrageous and unforgivable. There's definitely something rotten in west Texas, specifically Winkler County, and, regardless of whether Dr. Arafiles is guilty of abusing his medical license and practicing medicine that endangers patients, its names are Dr. Rolando Arafiles, Sheriff Robert L. Roberts, and County Attorney Scott Tidwell. Regardless
of whether Dr. Arafiles did anything wrong medically or ethically, these three men have done a grave wrong to Mitchell and Galle. I even have to wonder if what Sheriff Roberts did by going so far to unmask an anonymous complainant to the Texas Medical Board is illegal. If it isn't, it ought to be. (From the bloggers)
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Be careful when checking out a Doctor
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Health News Florida: "Dr. Carlos Contreras has been in a federal prison since he pleaded guilty to health fraud in September 2008. But a state consumer web site still lists him in West Palm Beach with a 'clear and active' medicallicense -- and he's far from alone. It's the policy of Florida's Department of Health not to post public information about arrests and convictions untila professional licensing board takes final action, no matter how long thattakes. ... The web site, which is supposed to inform the public abouthealth professionals in the state, runs months and years behind real life" (Gentry, 2/5) |
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Views: Chick Talk Dallas
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Nurse Who Reported Doctor to Medical Board Could Face Prison Time
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Anne Mitchell, KWES
You’d think the protagonist in this story would be nurse Anne Mitchell who reported Dr. Rolando G. Arafiles Jr. to state regulators for practicing bad medicine at Winkler County Memorial Hospital. Instead, Mitchell, a now out of work 52-year-old wife and mother, was indicted, finger printed and photographed and is now being threatened with 10 years in prison for doing what nurses are bound by oath to do.
It’s absurd Mitchell told The New York Times, “You can’t go to prison for doing the right thing.” Apparently, you can in West Texas where Winkler County Sherrif Robert L. Roberts Jr.serves. Roberts credits Dr. Arafiles with saving his life after a heart attack. And not long after the doctor found out about the ethics complaint that he calls harassment, Roberts obtained a search warrant and seized Mitchell’s and another nurse’s work computers where the letter was composed.
Prosecutor Scott M. Tidwell said Mitchell had a history of making “inflammatory” statements against the good doctor. But the prosecutor dropped charges against the other nurse in the case, Vickilyn Galle, who helped draft the letter as well as another nurse who filed a separate complaint against the doctor. Mitchell however is still on trial and is being charged with “misuse of official information”. Galle told The Times, “We’re just in disbelief that you could be arrested for doing something you had been told your whole career was an obligation.”
State and national nurses association have called the case an outrage and raised money for Mitchell’s legal defense. The Texas Nurses Association is encouraging all nurses to pay attention to the “notorious” Winkler County Nurses trial, ”This trial is monumental for nursing and certainly worthy of scrutiny by every Texas citizen. Its outcome could curtail a nurse’s willingness to report patient safety concerns even though a nurse’s duty to report is clearly identified in the Code of Ethics for Nurses and the Texas Nursing Practice Act.” And the Texas Medical Board is also warning caution in this case.
A rule against Mitchell could have a significant “chilling effect” for nurses reporting bad behaving doctors. Mitchell accused Dr. Arafiles of improper prescribing and surgical procedures as well as contacting patients about an herbal supplement he was selling on the side. But Tidwell warns this case is not a witch hunt. In fact, it’s been moved to another county for trial. Local and national media are watching the case and local newspaper The Winkler Post has been following the trial closely adding updates and a reader forum for those interested in the case. The Post’s John Reed writes, “Why has this situation come to be?” –and the only logical conclusion one can arrive at: The other spotlighted person, at the heart of these proceedings,
Dr. Rolando German Arafiles, Jr., should never have been hired by Memorial Hospital.” But prosecutor Tidwell is confident the truth of this case will emerge in trial, “ The only side of the story that the town has heard is that these are sisters of mercy, missionaries of peace,” Tidwell told The Times. ”The town has not heard the whole story.” We certianly haven’t. But this smells like a good ol’ boy network and small town politics backfiring against what West Texas boys call a loud mouth woman. If indeed Arafiles violated procedures and misused his position, he should be found at fault and both he and the prosecutors office should also be held accountable (Mitchell does have a lawsuit filed).
But nurses shouldn’t live in fear of reporting a bad doctor. I do wonder, however, if all other disciplinary measures had been exhausted. Perhaps a complaint to the doctors supervisors? I believe she did try but it went nowhere. In that case, a fiery letter corroborated by other nurses should be enough to call for an investigation. Good luck to Mitchell. She needs it.
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Views: Star-Telegram.com
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Texas nurse acquitted of felony charge for reporting doctor
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Star-Telegram.com
Posted Thursday, Feb. 11, 2010
By YAMIL BERARD
A Kermit nurse did not commit a felony by reporting concerns about a doctor to the state medical board, a West Texas jury decided Thursday.
The jury of six men and six women deliberated for about one hour before reaching their verdict in a case that had drawn national attention. After the verdict was read, each of the jury members went over to the nurse and hugged her, courtroom observers said.
Texas nurses and association leaders said the verdict was a show of support for Texas nurses as those who are in the front lines of patient safety.
"Itís wonderful news for us,íí said Clair Jordan, executive director of the Texas Nurses Association in Austin. Without such a vote of confidence, she said, "there would have been a chilling silencing of a very strong voice for patients."
The Texas regulatory boards for doctors and nurses had both admonished prosecutors for charging nurse Anne Mitchell.
Mitchell, who worked as the compliance officer for Winkler County Memorial Hospital, was charged with misuse of official information after she and another nurse, Vickilyn Galle, the hospital's quality improvement officer, reported their concerns about Dr. Rolando Arafiles Jr. to the Texas Medical Board.
Mitchell reported what she considered a pattern of improper prescribing and surgical procedures. The two nurses did not sign the letter. But after the medical board contacted Arafiles as part of its investigation, he turned to the Winkler County sheriff, who got a search warrant and seized the nurses' computers.
Had Mitchell been found guilty, nurses would have been hesitant to blow the whistle in cases that involved potential harm to patients, said Kathy Thomas, executive director of the Texas Board of Nursing.
The Texas Medical Board had told prosecutors that it was improper to put Mitchell on trial for reporting her concerns.
Sheriff Robert Roberts, a friend of Arafiles, said the nurses circumvented hospital policy for reporting bad medical practices because of what he called a personal vendetta against Arafiles. He also said that the nurses didn't seek patients' permission when they sent medical records of 10 patients to the board. The records did not include the patients' names.
The hospital fired both nurses.
Both were indicted for the felony charge, but the case against Galle was dropped before Mitchell went on trial.
Many nurses had complained that the case was retaliation for Mitchell's blowing the whistle on the doctor.
Laura Fletcher, a nurse and an optometrist in Bedford, said that "it's a travesty of our judicial system that medical professionals are being prosecuted for doing their job according to the law."
Nursing schools throughout the state have been using the case in their course studies with students, reminding them of the duty of every nurse to report possible wrongdoing.
The Texas code of ethics for nursing and the Texas Nursing Practices Act both say that it's a nurse's duty to report unsafe care, whether it's from a doctor or a pharmacist who prescribes the wrong type of medications.
But the prosecution tried to prove that Mitchell used confidential information to try to harm Arafiles.
The Texas Medical Board, however, told the county and district attorneys that complaints it receives are confidential and that under federal law the board is exempt from patient privacy laws.
The medical board has not made a final determination in its investigation of the complaint. Arafiles is still practicing medicine, Jordan said. |
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Agreed
I agree This guy needs to be stopped immediately
I agree this guy needs to be stopped. People with complaints are not heard especially if the complaint is against a relative of any of the staff at the Sheriffs office. Something needs to be done. Some complaints are not ever reported. Merely for the fear of being retaliated by the deputies.
The best thing to do is to air publicly at least get the word out somewhere
This sheriff has been doing wrong doings for quite sometime. It's time Winkler County citizens become aware of what the sheriff they voted in is actually capable of doing. Get him out and get him gone. We don't need him in our community.
Cheers for sharing these useful written content material supplies! Hope that you essentially just just will carry on accomplishing helpful file this kind of as this. I'll be a person of one's respective loyal reader for men and women that retain this sort of write-up!It's undoubtedly amongst the ideal written content material components I uncovered consequently considerably. The contents are pretty superior and undoubtedly beneficial. Cheers, this may well maybe be in actuality cool!Corruption
I'm from this little town, and I know for a fact this dirty Sheriff and his team of henchmen has been framing people for years. It will only stop when he is sent to prison.Let us know
Anon if you have any data and or anecdotal info please forward to gary@thepalmbeachtimes.com You will remain anonymous. Thanks.Thanks Anon
Thanks Anon for confirming this guy is corrupt above & beyond the case with the nurseOffshore oilfield Dive trash!
Why hasn't the FBI been involved, a complaint to the Texas Bar and a trip to the Capitol?In all 50 states and even our territories those in law enforcement who abuse thier position, such as this assclown can and should be arrested and placed in federal custody. This also goes for the prosecutor.
The local law enforcement such as DPS can be used to arrest the Dr~.
Power used for self interest
This guy is unrepentant which says a lot