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Subject: Nurse to Stand Trial for Reporting Doctor rss

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Samuel Sol
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Article at: http://www.nytimes.com/2010/02/07/us/07nurses.html?pagewante...

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Now, I don't think they will be convicted in any way, but I still can't understand how they even got to trial, together with the blatant conflict of interest. And isn't the state regulators conclusion enough to "prove" that their concerns were valid?
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Moshe Callen
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I know nothing about the case myself but the article states that the prosecutor says the nurse reported the doctor with malicious intent. If that is true, then yes she should face some real penalty for doing so. Yet at the same time, if she in good faith reported what she thought was a problem-- whether or not it actually was-- then she did the right thing and should not be punished. I'd say the judge will need to walk a fine line not to discourage genuine whistle-blowing when one should blow the proverbial whistle but at the same time not excourage malicious complaints.
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Doug Iverson
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Not guilty
http://gruntdoc.com/2010/02/winkler-county-nurse-found-not-g...
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The Steak Fairy
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Time to start trying to get rid of a sheriff and prosecutor, I'd say.
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Stuart
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How did the Sheriff get search warrants against these two nurses to investigate "anonymous" tips that could really have come from anyone? Maybe the local judge needs to be checked out, too.

Just more good ol' boys looking out for one another - the funny thing is, probably nobody would even know about this quack doctor if he wouldn't have insisted on prosecuting, as it didn't sound like the board was going to do anything. Now he's in the NYTimes!
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Samuel Sol
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MisterCranky wrote:
Time to start trying to get rid of a sheriff and prosecutor, I'd say.


Yeah. And I hope, although I'm sure it won't happen, that the county quickly settle the lawsuit. The damage to them is done, she will probably have to leave the county. Specially if they kick the sheriff and prossecutor.
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The Steak Fairy
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The thing of it is, it's entirely possible for all sides to be right in this case, and none of us will ever know the "truth" of it. In the absence of compelling proof of personal vendetta, however, the behavior of these good old boys seems reprehensible enough to side against them.
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Samuel Sol
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MisterCranky wrote:
The thing of it is, it's entirely possible for all sides to be right in this case, and none of us will ever know the "truth" of it. In the absence of compelling proof of personal vendetta, however, the behavior of these good old boys seems reprehensible enough to side against them.


True. But as I believe that truth is a defense against defamation lawsuits for most cases, I think it works the same here. The fact that they contacted the official and correct channels about the problem, and not made a fuzz on the press makes me side with the nurses, even if they were on a vendetta against him, or had other motives,
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Daniel Edwards
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yohanleafheart wrote:
MisterCranky wrote:
The thing of it is, it's entirely possible for all sides to be right in this case, and none of us will ever know the "truth" of it. In the absence of compelling proof of personal vendetta, however, the behavior of these good old boys seems reprehensible enough to side against them.


True. But as I believe that truth is a defense against defamation lawsuits for most cases, I think it works the same here. The fact that they contacted the official and correct channels about the problem, and not made a fuzz on the press makes me side with the nurses, even if they were on a vendetta against him, or had other motives,


Defamation is a civil action and it sounds like she would already have been covered by whistleblower legislation there.

If I hack into the pentagon and publish what I find there on the internet I'm probably going to jail whether its true or not.
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The Steak Fairy
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I would never want anything to transpire that would lessen the likelihood that inept practitioners of anything as dangerous as medicine could be freely reported for investigation, anonymously or otherwise.
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Stephen Dunne
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Good thing they were County employees.

Texas has no whistleblower protection for employees of private companies, so if they had been working for a private hospital, they would have be up the creek.
 
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