Texas Nurse Whistleblower Case

Health Leaders Media reports that state and national nurses associations are applauding a jury’s quick verdict to acquit a Texas nurse of felony charges for reporting a physician to a state oversight board for allegedly providing unsafe patient care.  In the February 12, 2010 posting at www.healthleadersmedia.com , the online publication states that Anne Mitchell, a registered nurse, was charged with misuse of official information, a third degree felony, for reporting Rolando Arafiles, MD, to the Texas Medical Board.  Had she been convicted, Mitchell could have faced up to 10 years in prison, but, after a four day trial, an Andrews, Texas state court jury needed less than one hour to acquit Mitchell.  For her own part, Mitchell contended she was just doing her job.  The American Nurses Association (ANA) called the case blatant retaliation and Rebecca Patton, the President of the ANA, said “Nurse whistle blowers should never be fired and criminally charged for reporting questionable medical care.”  A whistleblower lawsuit claiming damages for her alleged unlawful termination may follow now that the criminal proceeding has concluded.