TEXAS NURSE ACQUITTED

I posted a blog back on February 9 titled, “Nurse Going to Jail? Are you Kidding me?”

The article was about Texas nurse Anne Mitchell who did the right thing and filed a complaint against a local doctor whom she believed was providing substandard care. The good old doctor, Rolando G. Arafiles Jr., MD, took offense and had Nurse Mitchell charged with “misuse of official information,” a third-degree felony in Texas…with a potential for 10 years in prison. Talk about frivolous litigation!

I am happy to report that, after a four-day jury trial in Andrews, Texas, Nurse Mitchell was found not guilty of the felony criminal charge. The jury foreman, quoted in a New York Times article, said the panel of six men and six women voted unanimously on the first ballot, and questioned why Mrs. Mitchell had ever been arrested.

My Take: I am sorry the criminal justice system was abused by the filing of these charges but it sure is nice to see that our jury system works.

Dan Frith

Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at dfrith@frithlawfirm.com.