The New York Times has posted an article on a bizarre case where a nurse is to stand trial for writing a letter that reported Dr. Arafiles, of Kermit, Texas, to the Texas Department of State Health Services. The letter was deemed as “misuse of official information," which is a third-class felony in Texas. She was arrested and will go to trial.
Anne Mitchell and Vickilyn Galle, nurses, became concerned over Dr. Arafiles' "improper prescribing and surgical procedures." For example, he performed a skin graft in the emergency room that he was not allowed to do and also sutured a rubber tip to a patient's crushed finger, a very unusual remedy. They also mention an email where he recommended an herbal supplement that he sold on the side.
When Dr. Arafiles was told of an anonymous complaint, he complained to the sheriff that he was being harassed. The sheriff credits the doctor with saving his life after a heart attack and immediately obtained a search warrant where he discovered the letter written by Mitchell and Galle and began prosecution. Charges were dropped against Galle but not Mitchell. The hospital claims that it's difficult to recruit physicians to west Texas, but that they have reprimanded Dr. Arafiles several times.
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.
The prosecution must prove that Mitchell used her position to obtain confidential information for "nongovernmental purposes" to get a conviction. The outcome of this case, whether it's a wrongful conviction or not, will certainly have a "chilling effect" on the reporting of medical malpractices.
