Nursing Associations Applaud Verdict in Texas Whistleblower Case

State and national nurses associations are applauding a jury's quick verdict to acquit a Texas nurse of felony charges for reporting a physician to a state oversight board for allegedly providing unsafe patient care.

Anne Mitchell, RN, was charged with "misuse of official information," a third-degree felony, for reporting Rolando Arafiles, MD, to the Texas Medical Board. Had she been convicted, Mitchell could have faced up to 10 years in prison. However, after a four-day trial, a state jury in Andrews, TX, needed less than one hour to acquit Mitchell.

"We are very pleased about the not guilty verdict and that justice prevailed for Anne Mitchell," said Susy Sportsman, RN, president of Texas Nurses Association, in a media release. "If anything was to be gained from the absurdity of this criminal trial, it is the reaffirmation that a nurse's duty to advocate for the health and safety of patients supersedes all else."

That sentiment was echoed by American Nurses Association President Rebecca M. Patton, RN, who feared that a guilty verdict would have had "a lasting and negative impact on future nurse whistle blowers."

"Nurses play a critical, duty-bound role in acting as patient safety watch guards in our nation's healthcare system. The message the jury sent is clear: the freedom for nurses to report a physician's unsafe medical practices is non-negotiable," Patton said.

"However, ANA remains shocked and deeply disappointed that this sort of blatant retaliation was allowed to take place and reach the trial stage—a different outcome could have endangered patient safety across the U.S., having a potential 'chilling effect' that would make nurses think twice before reporting shoddy medical practice," Patton said. "Nurse whistle blowers should never be fired and criminally charged for reporting questionable medical care."

Attempts by HealthLeaders Media to contact Mitchell through her attorney following Thursday's acquittal were not successful. However, Mitchell told TNA she was relieved by the verdict.

"I was just doing my job," Mitchell said in a TNA media release. "But no one should have to go through this. I would say to every nurse, if you witness bad care, you have a duty to your patient to report it, no matter the personal ramifications. This whole ordeal was really about patient care."

TNA said that more than $45,000 has been donated by individuals and organizations across the country to the TNA Legal Defense Fund for Mitchell and former co-defendant Vicki Galle, RN. Prosecutors had dismissed charges against Galle on Feb. 1.