Nurses Under Fire: Cleared in Texas, Embattled in California

By Shawn Kennedy, interim editor-in-chief

By now you’ve probably heard that last Thursday Anne Mitchell, the Texas nurse who found herself fired from her job and on trial after reporting a physician for what she felt was poor medical practice (see our report in the October 2009 issue) was found not guilty (her colleague, Vicki Galle, had her case dismissed prior to trial). It only took the jury about an hour to exonerate Mitchell of criminal charges and uphold her right to advocate for patients. (Day-by-day reports from the trial were made available on the Texas Nurses Association  (TNA) Web site.)

The case garnered national attention—at its core was a nurse’s right (duty, really) to safeguard patients in her or his care. It seemed a no-brainer, and almost incredible that the case even came to trial. Last Friday, I spoke with TNA president Susan Sportsman, PhD, RN, who agreed, saying she was surprised the case went forward, especially after the state medical board agreed that what the nurses did was appropriate. Sportsman said, “This is the role of nurses—it’s required that we report what we see to safeguard patients. This nurse was just doing her job, what she was supposed to do.”

Like nurses everywhere, Sportsman was “delighted and ecstatic” about the verdict. Sportsman noted a guilty verdict would have discouraged nurses and others from coming forward about poor care out of fear of losing their jobs and facing prosecution.  Perhaps […]

2016-11-21T13:19:19-05:00February 16th, 2010|Nursing|3 Comments

Will Texas Nurse Whistle-blower Case Have Dangerous Ripple Effect?

KERMIT, Tex. — It occurred to Anne Mitchell as she was writing the letter that she might lose her job, which is why she chose not to sign it. But it was beyond her conception that she would be indicted and threatened with 10 years in prison for doing what she knew a nurse must: inform state regulators that a doctor at her rural hospital was practicing bad medicine.

That’s from an article in today’s New York Times about a Texas nurse who’s being prosecuted for blowing the whistle on what she asserts were inappropriate medical practices by a doctor she worked with. We’ve posted on this as the case has developed and also written about it in the journal. Ultimately, the judgment is up to the court. But the concern we’ve expressed and which others have also voiced is that this will have the effect of silencing others who should be speaking out. In the process it may well reinforce old nurse–physician dynamics that profit no one. What do you think?

UPDATE: She was acquitted today (February 11)!Bookmark and Share

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