Winkler County Nurses Update (#2)
I get these updates via email from the Texas Nurses Association (TNA) and I am happy to pass them on.
Stay strong, Vicki and Anne!
the Muse, RN
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Barring some completely unexpected development, the criminal trial of the two Winkler County nurses (Vicki Galle and Anne Mitchell) will begin Monday, February 8 at 9:00 am. Vicki and Anne are being tried for “misusing official information” which the State alleges they did by using information they had access to as employees of Winkler County Hospital to report a physician to the Texas Medical Board.
The judge has moved the trial from Winkler County to Andrews County , an adjacent county. Like Winkler County (7,000 pop.), Andrews County (13,000 pop.) is a sparsely populated West Texas county. The trial will be in Andrews, which is the county seat of Andrews County .
The trial is expected to last 2-5 days depending on how long it takes the State and the nurses’ attorneys to present their cases. Depending on the State’s case, the nurses’ attorneys may decide to 1) not put on a defense and call no witnesses because they believe the State has not proved its case beyond a reasonable doubt, 2) put on a limited case and call only the witnesses needed to refute specific evidence put on by the State, or 3) put on a full case.
The last pretrial hearing was held January 20. The nurses’ attorneys again reminded the court of the State’s obligation to turn over certain evidence such as witness lists, contact information, documents, etc. As of the date of the hearing, the State had turned over only a two page list of witness names without any contact information. The county attorney asked the court to permit the State to try the two nurses separately. He stated he wanted to proceed with Anne Mitchell’s case on February 8 and postpone Vicki Galle’s case until later. The nurses’ attorneys opposed the request as an unnecessary duplication of effort and costs for the nurses. The court denied the State’s request so the trial for both nurses will begin February 8.
The county attorney continues to assert that the State will prove the nurses acted in bad faith in making the report and that is all the State needs to prove. He has admitted in open court that nurses have a duty to report substandard care by a physician and that the nurses’ report to the medical board was based on a concern about substandard care. At the October pretrial hearing, the county attorney in describing the State’s position stated:
“It’s a trial to determine whether or not we can prove that they had a motive other than a good faith motive for doing it [making the report]. And we will either be able to – it doesn’t matter whether the underlying care was good, bad, or indifferent. If the motive for reporting was something other than good faith, then they’re guilty of the crime.
. . . Well, judge, I wouldn’t have problem I don’t think at trial stipulating that those two ladies for some reason thought they needed to make a report and in their opinion it was substandard medical care. It doesn’t affect my case at all. . . . we’ll just have a stipulation at trial that they thought it was substandard medical care.
Hearing Transcript, pp 20, 36-37
It is very difficult to understand the State’s position. Even if a nurse acts with some personal animosity in reporting a physician or other practitioner (e.g., disliked him/her because of how he/she was caring for patients or because abusive to nurses) for substandard care, it is contrary to sound public policy to subject the nurse to potential criminal charges for carrying out the nurse’s duty to his or her patients. Because a nurse may dislike a physician or other practitioner does not lessen the nurse’s duty to report substandard care. Nor does it lessen the patients’ rights to be protected from substandard care by that practitioner. Furthermore, the Texas Supreme Court has specifically held that a public whistleblower’s motive in reporting a violation of law is irrelevant to whether the whistleblower is protected from retaliation.
TNA’s General Counsel will attend the trial and provide updates at least on a daily basis.
A New York Times reporter was at the January 20 pretrial hearing, so a New Times story about the case is expected before the trial begins on February 8.
Donate to TNA’s Legal Defense Fund
Read Previous Muse, RN Articles Regarding Winkler RNs:
RN’s Indicted: Misuse of Official Information
Next: Winkler County RN Update (#3)
