SANTA FE, N.M. — The New Mexico Supreme Court has ruled that statements made by Alexee Trevizo to her doctor while receiving emergency medical treatment cannot be used as evidence in the criminal case involving the death of her newborn.
In a unanimous opinion issued Thursday, the state’s highest court affirmed a lower court decision finding that the statements were protected by physician-patient confidentiality and were improperly obtained after police were brought into Trevizo’s hospital room.
The case stems from a January 2023 incident at Artesia General Hospital, where Trevizo arrived seeking treatment for severe back pain. After medical testing revealed she was pregnant, Trevizo later gave birth in a hospital bathroom. The newborn was subsequently found dead in a trash can, prompting a homicide investigation.
According to the court’s opinion, emergency room physician Dr. Heather Vaskas entered Trevizo’s hospital room with two police officers and informed her that a dead newborn had been discovered. During that conversation, Trevizo made statements about the birth and the baby.
Prosecutors argued that any physician-patient privilege had been waived because police officers and Trevizo’s mother were present during the discussion. The Supreme Court rejected that argument, ruling that the totality of the circumstances showed Trevizo was not capable of voluntarily waiving her confidentiality rights at the time.
The court noted that Trevizo had arrived at the hospital in severe pain, had been administered multiple medications, had recently given birth, and was experiencing significant blood loss.
The justices also rejected the state’s argument that physician-patient privilege no longer applied because medical personnel are required to report suspected child abuse to law enforcement. The court ruled that while physicians have a duty to report suspected abuse, confidential medical communications remain protected beyond that reporting requirement.
As a result of the ruling, the statements Trevizo made to her physician during that hospital encounter will remain excluded from evidence.
The criminal case against Trevizo has been on hold while the state appealed the suppression ruling. The case will now return to district court in Eddy County for further proceedings.
