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Date: Thu, 11 Feb 2010 16:27:50 -0600
From: "Barbara Acello, RN" <[log in to unmask]>
Reply-To: [log in to unmask]
To: [log in to unmask]
Subject: [Net-Gold] Whistle-Blowing Nurse Is Acquitted in Texas





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Whistle-Blowing Nurse Is Acquitted in Texas
New York Times

... West Texas took less than an hour
Thursday to acquit a nurse who had
been charged with a felony after
anonymously complaining to the state
medical board ...

<http://www.nytimes.com/2010/02/12/us/12nurses.html>

I got a breaking news from TNA about
the acquittal, but their web page has
not been updated yet. This is the most
recent notation-worth reading:

Thursday, February 11

The State and the Defense have put
on their cases and rested. This
morning, Anne's attorney has finished
her defense.

The State had to prove five elements
to prove Anne misused official
information:

1) Anne was a public servant
(all public employees are),

2)
she had access to information because
of her employment,

3) that
information not public,

4) Anne used the information with
the intent to harm another,

5) the information was used for a
nongovernmental purpose.

The State's evidence focused on the
last two elements because the
prosecutor told the jury that those
were the two most in dispute.

The State's main evidence consisted of
several witnesses who testified about
two to three occasions on which they
heard Anne make statements such as
Dr. Arafiles will be gone in a year
he is not a doctor he is a witch
doctor. There was also testimony of
an ongoing conflict between Anne and
Dr. Arafiles. She had refused to
sign off on his original credentialing
because hospital bylaws required
physicians to have unrestricted license.

The State also focused on the need
to follow the chain of command.
In cross examination, Anne's attorney
was able to get in good information
about substandard care by Dr. Arafiles
on cases Anne reported to Texas

Medical Board (TMB). The Defense
showed that most of the witnesses who
testified about Anne's motives had only
been contacted within the past
couple of weeks and not before Anne
was indicted.

On Wednesday, Anne's attorneys began
her defense and called several
witnesses to testify. The first was
a nurse practitioner who had worked
at the Winkler County Rural Health
Clinic and left because of her concerns
that issues relating to the care
provided by Dr. Arafiles had not been
addressed. She had also filed a
complaint against Dr. Arafiles with the
TMB at the same time as Anne and Vicki
(all worked together). The NP
testified that she has subsequently
filed a second complaint. She testified
that Anne was motivated only by her
concern for patients.

The
second witness was an LVN, who testified
about her concerns regarding Dr. Arafiles
work at the clinic. She also left
because of those concerns and the stress
they were causing her. The Defense called
the Winkler County judge (not the trial
judge) testified that she knew Anne and Anne
had discussed her concerns about Dr. Arafiles.
The judge said Anne's motive was patient
concern. Lolly Lockhart, RN, testified as an
expert witness on a nurse's duty. Dr. Pham,
Chief of Staff at Winkler County Memorial
Hospital, testified about concerns about
Dr. Arafiles care. He also testified that
Anne was concerned about patient care and that
Anne is a good nurse.

Thursday morning, the defense called a medical
expert, who testified that he had reviewed the
five cases cited in the complaint to TMB and
found substandard care. The Defense has rested.
Next, the charge will be read to the jury, the
Prosecution and Defense will give their closing
arguments, and the jury will begin deliberation.

The case is no less perplexing as to why Anne was
indicted. All witnesses (even the State's) have
agreed nurses have a duty to report unsafe care.

"Barbara Acello, RN"
<[log in to unmask]>

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