Law Med Blog

Winkler’s Tidwell Files Claim Of Indigence For Appeal Fees

December 23, 2011 lawmed No comments

Convicted felon and former Winkler County attorney Scott Tidwell says his household monthly income of $4,500 equates to being indigent and unable to foot the bill for his legal costs in appealing October’s convictions. For his role in the now infamous Winkler County Nurse Whistleblower retaliation case a jury found him guilty of 4 felonies and 2 misdemeanors. He was sentenced to four months in jail, 10 years probation and a $6,000 fine. Tidwell, former Sheriff Robert Roberts, and Dr. Rolando Arafiles were all convicted of felonies and sent to jail. Former hospital administrator Stan Wiley turned state’s evidence and sang like a bird in exchange for a reduction in his charges to misdemeanors and a shortened jail term.

Roberts and Tidwell were removed public offices, and Arafiles and Roberts both lost their licenses. The State Bar of Texas has refused to comment on whether they will rescind Tidwell’s license. … (Continued…)

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Hospital Propofol Policy Results In $3M Judgement In Patient Death

December 21, 2011 lawmed No comments

Here at the Law Med Blog we have mentioned more than once the minefield institutions create through their ill considered creation of various unnecessary policies and procedures. The incredible irony here is that these P&P are almost always created with the idea they will LIMIT liability and increase quality of care. Often times they serve to create local Standards of Care which deviate from nationally accepted standards. The hospital however can be held liable for violating their own policies, regardless of whether they followed national standards. Once implemented, patients are entitled to be treated under the hospitals published policies.

And this brings us to Enloe Medical Center in Chico, California. A Butte County Superior Court jury Monday ruled the hospital must pay the family of 50 year old Todd Stewart $3 million. Stewart, who died after a failed attempt to replace a faulty lead in an implanted cardiac defibrillator, underwent … (Continued…)

Anesthesia Murder 5th Philly Abortion Clinic Guilty Plea

November 11, 2011 lawmed No comments

Untrained and originally hired to clean instruments, Lynda Williams, 43, was an unlikely candidate for the position of anesthesiologist anywhere but the Women’s Medical Society, a shop of horrors abortion clinic in West Philadelphia run by a family practice physician, 70 year old Kermit Gosnell. But at the clinic anyone with a pulse could fill the role, with devastating results. Williams pleaded guilty Thursday before Common Pleas Court Judge Benjamin Lerner to counts of third-degree murder involving the 2009 anesthesia related death of a woman undergoing an abortion and the killing of a newborn. She also pleaded guilty to conspiracy to commit murder, conspiracy to participate in a corrupt organization, and illegally administering drugs to women undergoing abortions.

According to grand jury testimony (click link or scroll down to read) Williams, a 9th grade drop out, had little sense of responsibility in her role and the only licensed health … (Continued…)

Texas Attorney General News Release Re: Dr. Arafiles

November 09, 2011 lawmed No comments

lens17813902_1304018572texas-attorney-general

The following is a news release from the Office of the Attorney General of Texas:

11/07/2011 Former Winkler County Memorial Hospital Physician Sentenced for Scheme to Fire Nurses In 2009

Rolando Arafiles Jr. to serve jail time, surrender medical license

KERMIT – A former Winkler County Memorial Hospital physician today pleaded guilty to misusing his position and coordinating with local officials to retaliate against two nurses who filed an anonymous complaint against him with the Texas Medical Board.

Rolando Arafiles Jr., 59, pleaded guilty to two third-degree felonies – misuse of official information and retaliation. Visiting Judge Robert H. Moore III sentenced Arafiles to five years deferred adjudication probation, 60 days in the Andrews County Jail and a $5,000 fine. Arafiles also must surrender his license to practice medicine.

With today’s guilty plea, Arafiles admits to urging former Winkler County Sheriff Robert Roberts and County Attorney Scott Tidwell to … (Continued…)

Anesthesiologist As Expert Witness: Murray Trial Lessons How Not To [VIDEO]

November 07, 2011 lawmed 1 Comment

Expert witness testimony in both criminal and civil litigation is necessary both to explain highly technical or specialized evidence presented to a jury, and to establish the Standard of Care (SOC) by which a defendants actions are judged. In the case of the SOC, expert witness testimony alone establishes its content. However it is the jury that accepts, or rejects, the testimony and settles on the appropriate SOC. One can then easily imagine that an expert’s testimony often determines the guilt, innocence, and/or liability of a defendant. It is very important stuff which requires accuracy and an unbiased presentation.

To that end, most all professional societies have established guidelines for the qualification and testimony of experts within their profession. These guidelines tend to have common requirements: The expert must be qualified as the profession defines it, and; The expert should be neutral and unbiased in their testimony as to the … (Continued…)

Winkler Nurse Whistleblower Target Dr. Arafiles Surrenders License

November 06, 2011 lawmed 1 Comment

Kermit, TX -With a hearing scheduled for Monday in a local criminal courtroom where Dr. Rolando Arafiles is expected to enter a guilty plea in an agreement with prosecutors, it appears he has complied with what is likely one of the stipulations of his deal. On Friday, Arafiles signed an agreement with the Texas Medical Board to surrender his license to practice medicine according to the Associated Press. No pending investigation by the Board or other events that we are aware of brought this about.

Arafiles has been charged with two counts of felony misuse of official information and retaliation against two former Winkler County Memorial Hospital nurses who anonymously reported him to the state medical board for shoddy patient care. When Arafiles learned of the complaint he enlisted the help of then county sheriff Robert Roberts, who was his friend, patient and sometimes business partner. Roberts left no stone … (Continued…)

Anesthesiologist In Murray Trial Calls Colleague “Scumbag”

October 25, 2011 lawmed 1 Comment

Dr. Paul White, an anesthesiologist and expected witness for the defense in the Conrad Murray involuntary manslaughter trial for the death of Michael Jackson, has been present in the courtroom for the testimony of his colleague and former student Dr. Steven Shafer. Shafer is a Professor of Anesthesiology at Columbia University and Editor-in-Chief of the prominent medical journal Anesthesia & Analgesia. White was formerly an anesthesiologist in the Department of Anesthesiology & Pain Management at the University of Texas Southwestern Medical Center and is now Director of the White Mountain Institute, a 501 non-profit dedicated to raising and distributing funds to support “creative endeavors that bring together leaders in the arts and medicine throughout the world”. He is also a section editor for Anesthesia & Analgesia.

The two first met in 1981 when Shafer was a medical student and White was one of his instructors and have … (Continued…)

Juries Slap Propofol Companies With Over $280M Damages In Hep C Cases

October 15, 2011 lawmed 1 Comment

Two separate juries have levied a combined total of over $250 Million in punitive damages for 5 plaintiffs in two separate trials. The plaintiffs were suing after they contracted Hepatitis C from what their lawyers argued was contaminated propofol. The defendants were Teva Pharmaceutical Industries Ltd. and Baxter International Inc., manufacturers and distributors of the drug.

Plaintiffs argued that the pharmaceutical companies were negligent when they packaged the propofol in large vials thereby encouraging multiple use of what is supposed to be a single use vial. Propofol is particularly prone to contamination and its formula promotes growth of viruses and bacteria.

Michael Washington and his wife, Josephine, alleged that Mr. Washington was diagnosed with Hepatitis C in 2007 after he received Propofol from a reused vial at a Las Vegas Endoscopy clinic run by Dr. Dipak Desai. They were awarded $90 Million in punitive damages Friday. The same jury awarded … (Continued…)

Scott Tidwell Sentenced To 120 Days In Jail: Hookers Testify

October 04, 2011 lawmed 1 Comment

Winkler County Attorney Scott Tidwell has been sentenced to 120 days in jail after his conviction on 4 felonies and two misdemeanors by a Howard County Texas jury.

It was all about prostitution during the sentencing phase. We turn to Shelley Childers at CBS 7 for an in depth blow by blow:

Shelley Childers
schilders@cbs7.com
CBS 7 News
October 4, 2011

Update 9:27 a.m.
After calling both nurses to the stand yesterday to testify in the sentencing portion of the trial, prosecution called Rick Pippins to the stand first today.

Pippins was the lieutenant in charge of the Healing Touch investigation that found “a prostitution enterprise” being fronted by a massage business from 2003-2004 in a strip mall in the 3600 block of N. Dixie.

Pippins testified that Scott Tidwell was charged in the Healing Touch scandal for three misdemeanors, but after entering a plea bargain Tidwell was found guilty

… (Continued…)

Tidwell’s Prostitute Enjoyment Subject Of Testimony In Sentencing Phase

October 04, 2011 lawmed No comments

Following yesterdays conviction of Winkler County Attorney Scott Tidwell on 4 felonies and 2 misdemeanors by a Howard County Texas jury for his role in retaliation against two county hospital nurses for reporting his physician friend to the Texas Medical Board, the sentencing phase began immediately.

Prosecutor David Glickler called the two former Winkler County memorial Hospital nurses, Anne Mitchell and Vicki Galle, to the stand yesterday afternoon as the first witnesses in the sentencing phase. Before the trial began, Tidwell opted to have judge Robert Moore decide his sentence should he be convicted instead of a jury. The jury was released from duty yesterday after rendering the verdict.

This morning the prosecution called Rick Pippins to the stand. Pippins was the Odessa Texas Police Department lieutenant in charge of a 2003 prostitution ring investigation which centered around the Healing Touch massage parlor located in an Odessa stip mall. Scott … (Continued…)

Defense In Tidwell Trial Rests Without Calling Any Witnesses [VIDEO]

October 02, 2011 lawmed 2 Comments

After a 5 hour delay on Friday, the defense in the criminal trial of Winkler County Attorney Scott Tidwell surprised the courtroom by resting their case without calling a single witness. Attorneys for both sides met with the judge in chambers for 5 hours without a break before coming back to the courtroom and making the unexpected announcement.

A defendant often rests their case for one of two reasons. The most common is the argument that the prosecution failed to prove the elements of their case with their witness’s testimony, and that since the failure to prove their case is so obvious, no defense is necessary. Should that be the thinking on the part of the defense in this case, they are delusional in the extreme.

The second reason can be that the defense simply has no witness to put on the stand who’s testimony would be helpful to their … (Continued…)

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