Running head: WINKLER COUNTY NURSES

Winkler County Nurses

Author

Institution
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After the dismissal of criminal charges against Galle and returning of a not guilty verdict

to nurse Mitchell, Mitchell and Galle sued Winkler County Memorial Hospital and other

defendants. The causes that made the two nurses present their action became evident. One of the

causes for their cause of action was a denial of their constitutional right to making free speech.

This was to intimidate and threaten the nurses from filing a civil action. Just like other

individuals, the nurses had the right to make free speech (Grant & Ballard, 2013). Another cause

for their cause of action was the violation of Texas Whistleblower statute. In their acting

capacity, they were representing patients; this implies that they acted in a right capacity as

whistleblowers (Elbein, 2011).

Besides, the defendants compromised the Texas occupational code and hampered with

the nurses business associations and at will employment. After the case ruling against Galle and

Mitchell, it was exceedingly difficult for the two to find employment at another organization

(Elbein, 2011). This was a violation of the Texas occupational code by the defendants. In

addition, there was a violation of the Texas Health and Safety code since nurses have the chief

role of advocating for patients (Nobles et al, 2009).

In order to ensure protection from any liability, the Winkler memorial Hospital could

have taken various actions. One such action entails protecting the rights of the two nurses in

accordance with the Texas Health and Safety Code. This could have eliminated the case leading

to failure to stand any liability. Besides, the Winkler Memorial Hospital could have sacked

Arafiles and Wiley since they did not act in accordance with the chief role of nurses in protecting

patients.
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References

Elbein, S. (2011, March 17th ). Intent to Harm. Accessed from

http://www.texasobserver.org/cover-story/intent-to-harm

Grant, P. D. M., & Ballard, D. C. (2013). Fast facts about nursing and the law: Law for nurses in

a nutshell.

Nobles, R. E., Felknor, S. A., & Hellsten, J. (2009). Process evaluation of the Texas occupational

safety & health surveillance system.