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A jury has acquitted West Texas nurse Anne Mitchell, RN, in a "whistleblower" case that has gained national attention.
The Winkler County jury returned its verdict Feb. 11. Mitchell was indicted on a count of "misuse of official information." That was after Rolando Arafiles, MD, a physician at Winkler County Hospital (where both nurse and physician worked) filed a harassment complaint with the Winkler County Sheriff's Department.
Prosecutors recently dropped a similar misuse charge against codefendant and fellow nurse Vicki Galle, RN.
Among the nurses' complaints were that the physician improperly encouraged patients to buy herbal medicines from him and wanted to use hospital supplies to perform a procedure at a patient's home.
Mitchell's trial for misusing official information by allegedly obtaining details as a Winkler County Hospital employee, began Feb. 8. She jointly reported, with Galle, what they considered to be substandard care provided by Arafiles. The nurses filed the report to the Texas Medical Board (TMB) on April 7 last year.
In June, both nurses were indicted on the criminal charge, a third-degree felony that carries penalties of 2 to 10 years' imprisonment and a maximum fine of $10,000. Mitchell and Galle, both long-time nurses at the hospital, were subsequently fired from their positions.
Nurse Support
The case has brought the attention of both Texas Nurses Association and American Nurses Association officials who claim the nurses had a duty to act in the best interests of their patients. The groups were concerned that the case would set a legal precedent regarding nurse whistleblowers, sending a message to healthcare providers that there are adverse affects to reporting improper care.
Dozens of nurses and nursing students filled the second floor of the Andrews County Courthouse in support of Mitchell, according to the Odessa American (the trial was moved to Andrews after a court-ordered change of venue to ensure fairness). During the trial, Winkler County Attorney Scott M. Tidwell, intended to portray Mitchell as a troublemaker who disliked Arafiles, the newspaper reported. Those called to testify included nurse Peggy Armstrong who said she'd heard Mitchell make disparaging and unprofessional remarks about Arafiles.
However, under state law, Tidwell had to prove Mitchell sent the complaint to the TMB for a nongovernmental purpose. The prosecution called Winkler County Sheriff Robert L. Roberts, Jr., who led the investigation. During questioning, Roberts admitted to defense attorney John Cook that nothing disparaging was in the original letter sent by Anne Mitchell to the Texas Medical Board and that it was not nongovernmental in nature. However, the sheriff also said he believed the patient file numbers in the letter were confidential, although they do not reveal any names, dates of birth or identities.
Brian Carney, Mitchell's codefense counsel, argued for a directed verdict because he said the state failed to prove the "nongovernmental" part of the case, according to the newspaper. "There's not one scintilla of evidence to show [that the letter] was sent for a nongovernmental purpose," the Odessa American reported Carney as saying. However, District Judge James L. Rex denied the motion.
The defense called their witnesses including Naomi Warren, NP, of Monahans, Texas, who claimed she had filed multiple complaints against Arafiles and left the hospital because she was frustrated by the administration's lack of action. The defense also called an LVN who worked with Arafiles. The NP told the jury that she had to leave her position because of her concerns about the Arafiles' practices and the stress it was causing her.
Mitchell Responds
Shortly after her verdict was announced, Mitchell told the Associated Press that the stress and hardship she endured during the trial would not deter her from reporting healthcare professionals who aren't giving patients proper care in the future.
"I still have to do those things for patients," Mitchell said. "My duty's never changed."
The attorneys for Mitchell and Galle have also filed a civil lawsuit in federal court against Arafiles, Winkler County and its hospital, sheriff and prosecutor. The suit alleges that the nurses' First Amendment rights were denied and that the criminal prosecution is vindictive.
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