Physician files a frivolous suit to silence
nurses
Anne Mitchell, RN and Vicki Galle, RN
Two nurses in Winkler County, Texas had felony charges brought
against them for reporting information to the state medical board.
They said that a physician's practice was below the acceptable
standard of care. The hospital terminated them. The physician filed
a harassment complaint against them with the sheriff's department
and felony charges against them for misuse of information. The
charges could result in ten years imprisonment and a $10,000 fine.
The nurses did not disclose the names of the patients whose
records were offered as evidence in their complaint. They disclosed
only the identification numbers of the patients. The Texas Medical
Board stated in a letter to Winkler County attorneys that disclosing
of patient identification numbers is allowed under state and federal
law. So it is not misuse of information. The suit is frivolous. The
suit is harassment. But that does not stop the suit. The nurses must
defend themselves against the criminal charge while they are without
jobs to provide them the income to pay for it.
The doctor probably believes he is the victim. The entire
community of doctors keep telling us they are as they take away our
rights and silence our advocates.
This isn't a one-off. The problem is frequent enough for Nevada
to have passed bill AB10 prohibiting retaliation or discrimination
against nurses who report information relating to the safety of
patients. In Wisconsin the Health Care Worker Protection Act gives
any health care worker protection from retaliation by their employer
or management for reporting illegal/unethical practices of their
employer.