3 responses

  1. lawmed
    lawmed
    February 25, 2011

    The tragedy of this case is that proper internal monitoring procedures DID identify this physician as practicing outside the accepted standard of care. Reports from the M&M conferences or the peer review meetings were received and were clear indications of a problem. This is a very small hospital with a small medical staff…they can fit in one car…the risk manager/QA coordinator and the medical staff coordinator sounded the alarm loud and clear and were told by the hospital administration to be quiet and say nothing. So these two nurses went to the sate medical board. Long story short they were fired by the hosp. administration for reporting the physician to the board, and the local sheriff arrested them and charged them with felonies for ‘improper use of government information for a nongovernmental purpose’ alleging they had engaged in a vicious plot to destroy the reputation of his former business partner, physician and golf busy…Dr. Arafiles.

    The result: the hospital was fined and admonished by the state for their actions, the nurses were cleared after great legal expense, the nurses sued the hosp. and the county and won a $750,000 judgment, the administrator quit, the medical board suspended and then probationed the doctor’s license, and the DR., the sheriff, the prosecutor and the hospital administrator have all been arrested after a grand jury charged THEM with multiple felonies for their actions.

    The ONLY ‘good’ news to relate is that this physician WITHOUT QUESTION is deserving of ALL sanctions the medical board can conceive. His litany of bizarre medical acts is astonishing. one need go no further than intentionally sewing a portion of a surgical glove onto a finger as a wound care method….or commandeering patient information to contact them without consent too sell his ‘homeopathy’, including the most outside the fringe remedies. He also deserves to go to jail. He colluded with his good ol’ boy buddy the sheriff to obtain confidential medical board complaint information and then used it…and patient medical records without consent…to engage in a vendetta against the two nurses who exposed his dangerous clinical practice.

    The whole saga is covered in the most extensive detail ANYWHERE right here on our blog:

    http://lawmedconsultant.com/winkler-county-page

  2. Justice
    February 19, 2011

    I am a practicing physician from a state other than Texas. It is easy to read a story like this, especially from a lay perspective, and formulate a completely negative opinion against this physician without any desire to examine the matter any further or closer.

    Upon closer examination it may ,in fact, be true that this physician warrants exactly what is being alleged against him. However, the complete opposite may be the case as well and, sadly, should that be found later, he will be given very little to no press to indicate such. I have witnessed this many times throughout my career.

    If, in fact, this physician is exactly how he is being portrayed, where were the internal monitoring procedures at his facility? What were the reports from the M&M conferences or the peer review meetings within his ER department?
    Why does this appear to be a “he said she said” battle between this physician and two nurses at his facility with direct resulting action by the Medical Board and now the self serving (sad to say) “legal system” with no mentioned intermediary input?

    Contrary to what the Medical Board and the “legal system” will have the public believe, there is no incentive for a physician’s peers to inappropriately “cover” for a fellow physician who is engaging in questionable or harmful practice thus endangering society. In fact, quite the contrary, as these fellow physicians (and the treatment facility) would stand to share, either directly or indirectly, in any resulting liability.

    The proper internal monitoring procedures, as mentioned above, would have caught any adverse incidents and thereby would have served as early identification and correction of a questionable and impaired physician, thus rendering this resulting story unnecessary.

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