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Nursing Question

Comment a comment by Jackson, published on 09 February 2010
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a lone nerd has left 1 comment below

Is the only reason you think she didn’t do the right thing because she filed it anonymously?

From what I read here, here and here, the only requirement is that the nurse report the problem in good faith. The original article I posted basically said the same thing… that she is safe as long as the jury believes it wasn’t done maliciously (and if you read his history, I would lean more toward him being at fault than her). I mean, look at the documented errors he has made:

  • a failed skin graft that Dr. Arafiles performed in the emergency room, without surgical privileges
  • He also sutured a rubber tip to a patient’s crushed finger for protection, an unconventional remedy that was later flagged as inappropriate by the Texas Department of State Health Services

Based on the fallout of what happened, I think she made it anonymous because she knew it would devolve into some kind of shenanigans. I did see that they did report him internally and that nothing was done. I haven’t found any documentation saying that it is improper to report things this way. But then again, I am not a nurse and am not well versed in their procedures.

JyroBritanniac, what do you know about that?

At any rate, I don’t think she should be on trial. But maybe you are right and their is “more to this story.” I just have no reason to believe that based on a report filed to “inform state regulators that a doctor at her rural hospital was practicing bad medicine” that happened to filed anonymously. I really agree with the executive director of the Texas Medical Board who said this would have a “chilling effect” on the reporting of malpractice. It isn’t like she mailed the anonymous letter to a newspaper or media outlet. She informed a state regulator with six examples of malpractice. As long as those six instances really show malpractice and he really was the doctor on those cases, that seems enough like good faith to me.

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RE: Nursing Question by Occams :: NR8

Is the only reason you think she didn’t do the right thing because she filed it anonymously?

Yes, and I am interested in Jyro’s opinion on this as well.

I think she was right to report it, but by not signing it she did not really report it. As far as the boss was concerned, some anonymous person reported. What are the authorities supposed to make of that.

A busy manager might just feel that he has not the time to get involved in petty disputes and rely on his/her professionals (the nurses) to report to him in the proper manner if they believe that there is something seriously wrong with a doctor. I think I would trust them to do that.

I don’t thing she should be charged with any crime, but some counselling would be appropriate.

There is also the natural justice requirement that the doctor is entitled to know his accuser and the full nature of the accusation.

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