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Nurses Who Blew Whistle On Texas Doctor Will Go On Trial
Two nurses who filed a complaint with the state medical board about a doctor at a small town Texas hospital will go on trial on felony charges in a case that’s generating outrage in Texas and around the U.S.
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21 Comments 
KERMIT (September 26, 2009)—Two registered nurses who sent an anonymous complaint about a physician at Winkler County Memorial Hospital in Kermit to the Texas state medical board will go on trial on felony charges related to the filing.
Registered nurses Anne Mitchell and Vicki Galle included patient numbers, but not names in the complaint to the Texas Medical Board.
Later, the doctor complained of harassment and the Winkler County Sheriff’s Office launched an investigation that led to indictments this summer charging misuse of official information.
The Associated Press reported that the nurses complained that the doctor encouraged patients to buy herbal medicines and said that the hospital’s chief of staff once stopped the doctor from taking medical supplies to perform a procedure at a patient’s home.
Their attorneys were seeking dismissal of the charges, but a district judge denied the motions this week and ordered that the case go to trial.
A trial date hasn’t been set.
The Texas Nurses Association has established a legal defense fund with hopes of raising at least $10,000 to help pay the legal expenses of the two nurses.
This summer, the Texas Medical Board wrote Winkler County officials, telling them the prosecutions are an improper use of information under statutes that regulate the board and nurse and medical practices.
The board said the complaints were confidential and not subject to subpoena and said that the board is exempt from federal patient confidentiality requirements so there was no violation of federal law.
After the charges were filed this summer, the American Nurses Association and its Texas affiliate said they were “gravely concerned about the chilling effect the county’s actions could have on future nurse whistle blowers.”
“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 after the two nurses were indicted this summer.
“It is outrageous to file criminal felony charges against these nurses based on allegations that they raised concerns over a physician’s actions,” she said.
“This undermines one of the basic tenets of the nurse’s 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.”
Latest Comments
Wow! What a shame that the word 'whistleblower' is synonomous with reporting bad conduct. Why is it that doing the right thing results in such adverse outcomes for those who choose to live by those words? Being a nurse myself, I applaud these fellow nurses for their virtues and obvious standards of supreme care. The public has no idea how UNSAFE they are when they are admiited into a hospital. If it weren't for nurses advocating patient safety which prevents adverse outcomes, this country mortality rate would be off the charts. Medical professionals are held to a high level of accountability, physicians included. But all to often when things go awry, its the nurses that are left holding the bag. Yet it is us who are there caring for patients 24/7, in unsafe working conditions with overwhelming nurse to pateint ratios, and physicians who come in and spend 5 minutes (if that) with their patients, then leave after critizing those who are attempting to provide the real care.
Sad, but true, the rich and powerful have the resources to intimidate people to do the wrong things and get away with it. I am in a similar situation, but not in a lawsuit (yet?). This is why our healthcare system is in dire need for reform. We as nurses cannot follow "Do no harm" unless it is convenient to our employers, and those in the political points of power in your organization. Unless you have resources to pay-off the lawyers, and time on your hands, your career is ruined. I am sorry to be so negative, but I understand. I am unemployed because I was a whistleblower, and I do not have the money or resources to get help. You are very brave to go through with this, and I hope you are successful at getting justice for the the people we care for the most: our patients.
The issue here is not about herbal medicine. It is not about what should or should not be offerred to patients in a hospital setting by one of it's staff. It has to do with someone who saw something wrong in their view, and being advocates for their patients, reported it and are now on trial for doing their job. I know people have comment on how scary it is to report a violation or questionable practice. Scary or not, despite the trial and the lawsuit, the hassle, the time, the inconvenience, this is what needed to be done. The fact that some people in the crminal system do not understand the legal, ethical and moral obligations of nurses is a sad thing. Hopefully they will get the proper education. As for the nurses charged, hang in there, I'm rooting for you!
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