Scott Tidwell’s sentencing follows convictions of a sheriff and hospital administrator for their involvement in the case, which has received national attention.
In the whistle-blowing case, two nurses at Winkler County Memorial Hospital in Kermit, Texas, filed an anonymous complaint with the medical board against Rolando Arafiles, MD in 2009. In the complaint, the nurses accused Dr. Arafiles of using herbal remedies and utilizing hospital supplies to perform procedures at his home. Dr. Arafiles consequently asked the Winkler County sheriff to investigate who filed the complaint.
The sheriff, a friend of Dr. Arafiles, had the sheriff’s department obtain a copy of the confidential complaint, which allowed him to identify the nurses. The sheriff was also accused of obtaining a search warrant to gain access to the nurses’ personal computers to confirm they had penned the complaint.
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After they were identified, the nurses were fired from their positions and were indicted on felony charges of the misuse of official information. One nurse was acquitted of the charges, and the second had the charges dropped. The lawyer for the nurses filed suit in federal court against the county, hospital and several officials arguing that the firing and indictment violated due process and First Amendment rights, eventually leading to a $750,000 settlement.
Mr. Tidwell, who prosecuted the nurse who stood trial, was convicted of misuse of official information, official oppression and retaliation for his involvement in the case.
Dr. Arafiles, who has denied wrongdoing in the case, still faces charges of aggravated perjury, misuse of official information and retaliation. He was placed on probation by the Texas Medical Board and requires monitoring by another physician.
A new Texas law took effect in September prohibiting the Texas Medical Board from considering complaints about physicians made anonymously.
The Texas Nurses Association has monitored the case closely. View its coverage by clicking here.
