Winkler County Nurses Update (#3)
Congratulations, Vicki!!
Hang in there, Anne… we’re pulling for you, too!
the Muse, RN
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Winkler County – One Nurse Dismissed; Trial Against the Other Proceeds
On Monday, the county attorney filed a motion to dismiss the State’s case against Vicki Galle citing “prosecutorial discretion.”
It appears the county attorney finally agreed that Vicki Galle’s duty as a nurse required her to report the physician and that, by doing so, she was fulfilling her duty as a nurse. At every pretrial hearing, the county attorney has maintained the key to the State’s proving its case is proving the nurses acted with bad motives, and the fact that they had a duty to report the physician is not relevant. This is not a reasonable interpretation of Texas law, and it is unlikely it will be upheld by Texas courts. However, even on an interpretation of Texas law most favorable to the State’s case, the county attorney has now decided the State lacks the evidence to prove a case against Vicki Galle. It’s unfortunate that it took him eight months to realize that.
Still, the county attorney apparently believes he can get a conviction of Anne Mitchell based on his “mis-interpretation” of Texas law.
With Vicki’s dismissal and the continuation of the case against Anne, it appears this case has taken on even more of an Alice in Wonderland aspect.
- Two nurses jointly file a complaint against a physician for substandard care – not separate reports but a single, common report.
- All indications are the physician in fact did engage in substandard care
- It is acknowledged nurses have a duty to report substandard care.
- One nurse was fulfilling her duty to patients; the other committing a crime.
Remember, if you want to send Anne a message of support, please send it to governmentalaffairs@texasnurses.org. TNA will forward all the messages on Friday at 5:00 pm CST.
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 (#4)
