By KEVIN SACK
Published: December 23, 2010
" Texas officials have filed criminal charges against a West Texas physician over accusations that they say he orchestrated against two nurses who had filed a complaint against him with the state medical board.
The physician, Dr. cr., who practices at Winkler County Memorial Hospital in Kermit, Tex., was charged late Tuesday by the state attorney general’s office with retaliation and misuse of official information, the latter being the same charge that was leveled against the nurses. Both of the charges against Dr. Arafiles are third-degree felonies that carry a maximum sentence of 10 years in prison and a $10,000 fine.
In a case that alarmed advocates for whistle-blower protections, the two nurses were fired by the hospital and prosecuted in 2009 after anonymously reporting Dr. Arafiles for a variety of surgical and prescribing practices. After learning of the Texas Medical Board investigation, Dr. Arafiles consulted the sheriff in Winkler County, a personal friend, who seized the nurses’ computers and found their letter to the board, which included patient case numbers. Kermit, a town of 7,000 people about 400 miles west of Dallas, is the county seat.
The charge against one of the nurses, Vickilyn Galle, was dropped before trial. A jury took less than an hour to acquit the other nurse, Anne Mitchell, in February. The nurses agreed this summer to split a $750,000 financial settlement from the county.
The medical board has already charged Dr. Arafiles, 58, with a number of civil violations related to the substandard care the nurses described. He is accused of suturing a rubber scissor tip to a patient’s finger, using an unapproved olive oil solution on a patient with a highly resistant bacterial infection, failing to diagnose a case of appendicitis and conducting a skin graft without surgical privileges. . . " Read More
Doctor and medical negligence cases are perhaps the most complex genre of personal injury law. Medicine is by its nature a specialist subject and therefore defining what is ‘negligent’ practice is not always easy or straightforward.
Posted by: Doctor Negligence | January 24, 2011 at 02:00 AM
I believe the nurses. There is something fishy about the doctor in this case.
Posted by: Geronda | April 08, 2011 at 10:35 AM