A Texas nurse who alerted the state medical board about the unsafe medical practices of a physician at the hospital where she worked was acquitted of a felony charge for the "misuse of official information," according to a report by the New York Times.
In April, Anne Mitchell, a nurse at Winkler County Memorial Hospital in Kermit, Texas, reported a physician at the hospital to the state board for alleged improper prescribing and surgical procedure practices.
Among her complaints were allegations that the physician, Rolando G. Arafiles Jr., MD, performed a skin graft without surgical privileges and that he sutured a rubber tip to a patient's crushed finger for protection, according to the report.
Ms. Mitchell was later fired from the hospital and then prosecuted for using her position to obtain and disseminate information with the intent to harm the physician whom the prosecution alleged she had a personal vendetta against.
The case that ultimately resulted in charges against Ms. Mitchell was investigated by Sheriff Robert L. Roberts Jr., a friend and patient of Dr. Arafiles, and tried by count attorney Scott M. Tidwell, who also served as Dr. Arafiles's personal lawyer, according to the report.
The charges concerned many healthcare groups that feared the indictment might discourage others from coming forward with information regarding healthcare malpractice, according to the report.
The jury made the decision to acquit Ms. Mitchell of the charge, which carried a sentence of up to 10 years in prison and a $10,000 fine, in less than one hour.
A lawyer for Ms. Mitchell and another nurse who helped Ms. Mitchell file the complaint has filed suit in federal court against the county, hospital and various officials arguing that the firing and indictment violated due process and First Amendment rights.
Read the New York Times' report on Anne Mitchell.