TX Nurses facing criminal charges for reporting doctor - Outcome: Dismissed/acquittal - pg.20 | allnurses

TX Nurses facing criminal charges for reporting doctor - Outcome: Dismissed/acquittal - page 20

by AP, 07/18/2009 Two West Texas nurses have been indicted after filing an anonymous complaint about a doctor's practices with the Texas Medical Board, but the state agency says the women did... Read More

  1. Visit  Simba&NalasMom profile page
    0
    Quote from lamazeteacher
    I just have to insert a word of caution here, as there could be a Judge presiding who doesn't see things our way..... Remember the "Blind Justice" depictions. That was the single most depressing thing for my ex-husband, who couldn't ever predict the outcome of trials, as he saw many really bad judicial decisions.

    Just look at the ridiculous one by the U.S. Supreme Court not long ago, when they decided that corporations and other organizations can contribute to election campaigns, thereby allowing the sale of the election process.

    UGH!! On a side note, it really does appear that Kennedy is becoming more conservative with age. A real pity.
  2. Visit  ANPFNPGNP profile page
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    Quote from Simba&NalasMom
    My biggest fear is that this new judge will also prove to be a good ole boy and not admit the MD's disciplinary and business records as evidence. I'm sure the prosecutor will attempt to repress any evidence that shows either one of those jerks in a bad light!
    It shouldn't matter, the entire case is about "good faith" reporting. Obviously, there is substance to the complaint that was filed with the Texas Medical Board, even if they decide not to discipline the doctor. Good faith means REPORTING THE TRUTH! It doesn't matter if the nurse hated the doctor and repeatedly bashed him, SHE REPORTED THE TRUTH! They don't need his prior disciplinary history as evidence, they just have to show that this doctor was selling herbal supplements to his patients and the nurses thought it was unethical. I think it's unethical and so does the American Medical Association BUT the Texas Medical Board allows it.

    For instance, lets say a U.S. citizen absolutely hated someone and witnessed that person committing a crime. If they reported that person to authorities for committing the crime, IT DOESN'T MATTER THAT THEY MAY HAVE DONE IT OUT OF VINDICTIVENESS! That's what the prosecutor is trying to prove...that "Good Faith" means without malice. That's like having some Nazi's blowing the whistle on Hitler and then getting into trouble for doing it b/c they hated Hitler!
    RNROSER2011 likes this.
  3. Visit  ANPFNPGNP profile page
    0
    Quote from Simba&NalasMom
    UGH!! On a side note, it really does appear that Kennedy is becoming more conservative with age. A real pity.
    Which Kennedy? Ted Kennedy is dead.

    Also, this isn't a bench trial, but a trial by jury. The jury will decide the outcome. Let's just hope they're not a bunch of "good 'ole boys"!
  4. Visit  efy2178 profile page
    1
    Good faith, or in Latin bona fides (bona fide means "in good faith"), is good, honest intention (even if producing unfortunate results) or belief. In law, it is the mental and moral state of honesty, conviction as to the truth or falsehood of a proposition or body of opinion, or as to the rectitude or depravity of a line of conduct. This concept is important in law, especially equitable matters.[1] From Wikipedia.

    I agree--it does not matter if there is a bad outcome for the physician. This nurse reported the physician because she felt it would do harm to patients to let him continue to practice. This is called patient advocacy!!!
    The one with malice is the sherrif who used his authority as a sheriff inappropriately and pressed criminal charges against a nurse for a non-criminal issue (possibly but doubtfully tort law but that should be handled as a civil action). What he did was not in good faith and he should be worried. If it were me I would use all my power and ask the help of every nursing association to sue his ass off. Same for the prosecuter. But I will bet that they are protected from such lawsuits since they work for the state.
    Last edit by efy2178 on Feb 10, '10
    ANPFNPGNP likes this.
  5. Visit  ANPFNPGNP profile page
    1
    Quote from efy2178
    Good faith, or in Latin bona fides (bona fide means "in good faith"), is good, honest intention (even if producing unfortunate results) or belief. In law, it is the mental and moral state of honesty, conviction as to the truth or falsehood of a proposition or body of opinion, or as to the rectitude or depravity of a line of conduct. This concept is important in law, especially equitable matters.[1] From Wikipedia.

    I agree--it does not matter if there is a bad outcome for the physician. This nurse reported the physician because she felt it would do harm to patients to let him continue to practice. This is called patient advocacy!!!
    The one with malice is the sherrif who used his authority as a sheriff inappropriately and pressed criminal charges against a nurse for a non-criminal issue (possibly but doubtfully tort law but that should be handled as a civil action). What he did was not in good faith and he should be worried. If it were me I would use all my power and ask the help of every nursing association to sue his ass off. Same for the procecuter. But I will bet that they are protected from such lawsuits since they work for the state.
    The nurses have already filed a civil lawsuit in federal court against the sheriff, doctor, prosecutor and hospital. The suit is pending until the trial is resolved.
    lamazeteacher likes this.
  6. Visit  efy2178 profile page
    1
    Quote from ANPFNPGNP
    The nurses have already filed a civil lawsuit in federal court against the sheriff, doctor, prosecutor and hospital. The suit is pending until the trial is resolved.

    Good for them! I will send a check their way!
    ANPFNPGNP likes this.
  7. Visit  rph3664 profile page
    2
    Someone on another message board said that there are towns in this region where the Obamas would not be served in a restaurant. This wouldn't surprise me any more than this story does.
  8. Visit  ANPFNPGNP profile page
    2
    Quote from rph3664
    Someone on another message board said that there are towns in this region where the Obamas would not be served in a restaurant. This wouldn't surprise me any more than this story does.
    Last week in South Texas, a well known neurologist was arrested for the SECOND time for soliciting a prostitute. There were 5 men arrested in the "sting" and the other 4 were Hispanic and first time offenders. Well, the 4 Hispanic's pictures appeared on the news and in the paper, but not the doctor's picture! The news media mentioned the doctor's name, but didn't refer to him as a doctor. However, this didn't go unnoticed and the whole town is buzzing about the doctor and how he has managed to retain his position at the "Christian" hospital. He's head of the Neuroscience Dept. He's losing patients like crazy.

    I hope the ACLU and LULAC jump all over the news media for refusing to publish the picture of the white neurologist!
    rph3664 and Simba&NalasMom like this.
  9. Visit  southernbeegirl profile page
    2
    Quote from rph3664
    Someone on another message board said that there are towns in this region where the Obamas would not be served in a restaurant. This wouldn't surprise me any more than this story does.
    this thread and this case is not about race. if you want to make it about race, do it on your other board, but not here.

    here, in this forum, it's a case about a nurse being wrongly tried for doing what nurses are mandated to do...protect our patients from incompetent providers.
    lamazeteacher and efy2178 like this.
  10. Visit  Multicollinearity profile page
    5
    Quote from southernbeegirl
    this thread and this case is not about race. if you want to make it about race, do it on your other board, but not here.

    here, in this forum, it's a case about a nurse being wrongly tried for doing what nurses are mandated to do...protect our patients from incompetent providers.
    I think rph's post is relevant. It's about patriarchal power in certain areas in Texas and keeping "the others" down. Racism and sexism/misogyny go hand in hand. I think it's fair to say there are some pockets in Texas where white males hold disproportionate power and others are at significant risk.

    In fact, this case reminds me of the Texas cattle ranchers v. Oprah so many years ago. They (white men in power) were trying to put Oprah (black female) in her place, and now these officials are trying to put female nurses in their places.
    Last edit by Multicollinearity on Feb 10, '10
    MissPiggy, rph3664, Simba&NalasMom, and 2 others like this.
  11. Visit  efy2178 profile page
    0
    Quote from multicollinearity
    I think rph's post is relevant. It's about patriarchal power in certain areas in Texas and keeping "the others" down. Racism and sexism/misogyny go hand in hand. I think it's fair to say there are some pockets in Texas where white males hold disproportionate power and others are at significant risk.

    In fact, this case reminds me of the Texas cattle ranchers v. Oprah so many years ago. They (white men in power) were trying to put Oprah (black female) in her place, and now these officials are trying to put female nurses in their places.
    I agree! I don't think the person commenting on this suggests anything untoward to Hispanics. Being a vulnerable population they (hispasnics) are without power. I think the point that their (hispanics) pictures are posted without the "position in authority" physician is vacant suggests that he is somehow exempt for scrutiny. Also, is it a femisnist issue?
  12. Visit  efy2178 profile page
    1
    Quote from southernbeegirl
    this thread and this case is not about race. if you want to make it about race, do it on your other board, but not here.

    here, in this forum, it's a case about a nurse being wrongly tried for doing what nurses are mandated to do...protect our patients from incompetent providers.
    So are you saying a African female would get the same care as a white male in this community? I don't know...just asking. Research shows that white females do not get the same care for chest pain as a white male. Sexist care? Why are most studies done on white males? Do we study minorities as much as we do whites? Research doesn't suggest that.
    lamazeteacher likes this.
  13. Visit  southernbeegirl profile page
    0
    if you want to speculate on racism in that community, why not start a thread about it. leave this thread for the trial info that we all keep checking it for.


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