February 2010 Update

Hello to all!  The holiday season is over, and we are all looking forward to the warm days of spring. I hope everyone has been following the political news. It certainly has been easy to find information. The news media, internet traffic, Twitter, and other forms of communication are over run with news about health care reform. It is for that reason that I won’t spend much time with discussion about health care reform and the coming negotiations in Washington. We all know that something has to occur so that health care can be accessed by the people who need it. Insurance has to be affordable and available to those who have pre-existing medical conditions. Prevention of disease processes and education about how to achieve good health are key elements to a healthier, and consequently happier, population. Nurses are at the forefront in the provision of care to the ever growing population. I encourage all of you to follow the impending legislative process and negotiations in Washington. I strongly urge you to stay in contact with your Senators and Congressman/woman so that you can offer input to the law for health care reform that will eventually be written, re-written, and passed. Your opinion is important! Don’t miss this opportunity to voice your thoughts.  After all, nurses have the inside track about patient needs.

As many of you are aware, a different battle has been waged in the past few months in Winkler County, Texas. Two nurses filed a complaint with the Texas Medical Board regarding substandard practice by a physician who practices in Kermit, Texas. Anne Mitchell, RN and Vicki Galle, RN were fired from their jobs, arrested, criminally indicted for “misuse of official information” (a 3^rd degree felony), and, in Ms. Mitchell’s case, taken to trial. The good news is that the case against Ms. Galle was dropped by the prosecution on February 1^st. The best news is that the jury acquitted Ms. Mitchell of charges on February 11th!  In the interest of space, I have included two web sites for you to access:  the Texas Nurses Association (TNA) web site and an article from the New York Times announcing the verdict. You can follow the case from the beginning on the TNA web site. The New York Times article contains a link to the federal lawsuit that has been filed on behalf of Ms. Mitchell and Ms. Galle based on denial of their civil rights. It makes for very interesting reading. I highly encourage you to take the time to read the information related to this case.

http://www.texasnurses.org/

http://www.nytimes.com/2010/02/12/us/12nurses.html?hp

You might ask how this whole situation could happen when Texas has laws in place that protect “whistle blowers”. I am by no means a legal expert; I leave that to the attorneys and legislators. Obviously, anything can happen when citizens report issues of safety in a confidential format as was the case with the two nurses above. The laws are in place to give those who report protection from retaliation and recourse should retaliation occur. As nurses and patient advocates, we have the duty to report unsafe or substandard care. It is written into the Texas Nurse Practice Act and the Code of Ethics for Nursing. Even though the lives of Ms. Mitchell and Ms. Galle were thrown into chaos, they did the right thing in an effort to protect the safety of the patients they served in Winkler County. It is my hope that other law enforcement officials will think twice before using the power of their office in the manner above against nurses, or other health care practitioners, who report substandard care in the interest of patient safety.

The acquittal of Ms. Mitchell absolutely made my day on February 11^th!! It testifies to the fact that the public at large is listening and expects the highest of standards of care from anyone who engages in the practice of patient care. My hat is off to the courage and discretion displayed by Ms. Mitchell and Ms. Galle. Their actions make me proud to be a part of the profession of nursing! I congratulate them. I wish them well. I wish them great future success!

Cindy Hill

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