So, for the most part standing on the sidelines, I have watched for some time the frequent verbal jabs between Nurse K and Happy Hospitalist. She has stated that Happy has done some medically questionable things, (which I agree that he has some perplexing ideas about how to treat patients and how our health care system should be reformed) in his treatment of sick patients. Ergo, I read today with interest this article in the NY Times about a Texas nurse who is about to stand trial for reporting a physician for improper and possibly dangerous treatment of patients to the Texas Medical Board. She has been charged with “misuse of official information” which translates as “she had a vendetta out against Dr. Rolando G. Arafiles Jr and reported him solely to destroy his career”. Interestingly, Texas whistle-blower laws would protect her in civil court presuming she had only a reasonable belief that the conduct being reported is illegal. However, this being a criminal charge, this law does not apply so the jury will have to decide if Nurse Anne Mitchell acted in good faith when she reported this doctor.
Adding fuel to the fire is the fact that the doctor has been reprimanded by both the hospital ( he had been reprimanded on several occasions for improprieties in writing prescriptions and performing surgery and had agreed to make changes) and the Texas Department of State Health Services for some questionable actions including “suturing a rubber tip to a patient’s crushed finger for protection” (which in my opinion might actually not be a bad idea in the short term). Also, the physician appears to have a unique friendly relationship with the local sheriff Robert L. Roberts Jr (who the hell names their kid Robert if their last name is Roberts?) since he reportedly saved the sheriff after he had suffered a heart attack. Who knows how far this would have gone if they were not buds?
Anyway, I personally think this is some serious stuff. On one hand, it is obviously libel for a nurse to write inflammatory anonymous letters about a physician JUST to destroy his or her career but of I believe it is also a nurse’s (as well as other staff) ethical and official duty to report physicians for dangerous behaviour that puts patients’ safety in jeopardy.
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scrubs with code “erman”



That’s ridiculous! I can’t believe the nurses are even being questioned like that if the concerns they voiced were valid. Now if they were false claims, then maybe I could understand the charges… but seriously?!? That doctor obviously needs a kick in the pants.
This would probably be funnier if we could read both blogs you linked to. The first one is non-public (invitation only).
Having followed this a little, the most surprising part to me is that the Texas Medical Board has opposed this prosecution from the beginning and still the case moves forward. I hope she gets off and that her lawsuit wins her big bucks! It’s just a shame that she has to go through this.
And what about the sheriff’s “misuse of official information”? If not illegal, certainly unethical. The reputations of both nurses have been ruined. They have lost their jobs, and are unable to apply for new jobs since they are under investigation for a felony…while the physician gets to keep his job, even though he was reprimanded? This whole situation is horribly appalling, and only serves to illustrate the chasm that separates the different roles in medicine.
I’m curious to know just what grounds a judge would have for issuing such a search warrant…seems fishy to me.
I sense that criminal charges might be warranted for a certain sheriff.
It just shows what I have always suspected: doctors are deemed more valuable than nurses so if we report them it gives the hospital two choices: nurse or doctor. which one do you really think they are going to choose? Nurses are disposable as tissues as far as they are concerned.
I wonder if Happy knows that everyone that reads his website does so for the entertainment of picking out all his shortcomings. Don’t think he’s caught on to that yet. It’s definitely a learning experience, that’s for sure…where else would I learn that the way to treat a massive hemorrhage into your airway causing cardiopulmonary arrest is to yell out “turn up the fluids?” Just this past month, I also learned that when you have high heating bills that turning down your heat reduces the bills and also that changing your furnace filter improves your furnace’s efficiency.
It’s a medical blog! It’s a ninny advice column! It’s quasi-beastiality! It’s a how-to on how to up-code everything and screw Medicare out of money! It’s Happy Hospitalist!
“Everything Health” has a link to the so called Doctor’s “Website”.
Re: Robert Roberts
Apparently you haven’t read (or need to reread) Catch-22.
“Major Major Major Major”
Some people take twisted joy in being cruel to their children.
Mark
Apparently the doctor and the sheriff have a buisiness partnership as well. The doc was supplying his patient lists to the business so that they could be targeted for marketing of expensive custom vitamins. The whole thing is just fishy, and I hope these nurses get their vindication. The countersuit has already been filed.
Dallas Morning News reported this morning that the nurse was acquitted of all charges. I sincerely hope she and the other nurse sue the sheriff for defamation of character and anything else that applies.