NM - Alexee Trevizo, 19, Charged with murder of newborn in trash can, Artesia, Jan 2023

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RickshawFan said:
Why is this hospital video even public? It's a HIPAA violation?
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IIRC when LE are investigating a crime they are exempt from HIPPA privacy rules. Further, if State laws permit open records and/or release under FOIA, LE can disclose private health information to the public.

This is what I recall from looking into it a while back and it’s l a very basic explanation of why it can be disclosed.

More info here:

FAQs

www.hhs.gov www.hhs.gov
 
nyvictoria said:
IIRC when LE are investigating a crime they are exempt from HIPPA privacy rules. Further, if State laws permit open records and/or release under FOIA, LE can disclose private health information to the public.

This is what I recall from looking into it a while back and it’s l a very basic explanation of why it can be disclosed.

More info here:

FAQs

www.hhs.gov www.hhs.gov
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I don’t see that any of that allows for LE to be broadcasting someone’s hospital experience to media sources. FOIA wouldn’t apply to a hospital record. Imagine, for instance, being accused of some nothing like self-induced appendicitis, and having national broadcasts of you in bed 30 minutes after surgery. IMO most people would be absolutely appalled.

The language in the HHS reference calls for sharing between agencies and LE, and includes medical institutions. And this was a young woman who needed medical assistance ASAP: she’d just given birth, was getting no care (not even a saline IV), was probably bleeding like heck, whom LE decided was guilty.
 
RickshawFan said:
I don’t see that any of that allows for LE to be broadcasting someone’s hospital experience to media sources. FOIA wouldn’t apply to a hospital record. Imagine, for instance, being accused of some nothing like self-induced appendicitis, and having national broadcasts of you in bed 30 minutes after surgery. IMO most people would be absolutely appalled.

The language in the HHS reference calls for sharing between agencies and LE, and includes medical institutions. And this was a young woman who needed medical assistance ASAP: she’d just given birth, was getting no care (not even a saline IV), was probably bleeding like heck, whom LE decided was guilty.
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FAQs

www.hhs.gov www.hhs.gov

“If a state agency is not a “covered entity”, as that term is defined at 45 CFR 160.103, it is not required to comply with the HIPAA Privacy Rule and, thus, any disclosure of information by the state agency pursuant to its state public records law would not be subject to the Privacy Rule.”
 
IMO: Was she 18 when this happened? So legally an adult?
Why are people treating this case so kindly compared to the recent similar case of Alexis Avila (see Websleuths thread) also age 18?

True they are young with a lot to learn but both were legal adults who could easily have left their living babies in a safe place.
 
nyvictoria said:

FAQs

www.hhs.gov www.hhs.gov

“If a state agency is not a “covered entity”, as that term is defined at 45 CFR 160.103, it is not required to comply with the HIPAA Privacy Rule and, thus, any disclosure of information by the state agency pursuant to its state public records law would not be subject to the Privacy Rule.”
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HIPAA rules apply to hospitals.
 
ChatteringBirds said:
IMO: Was she 18 when this happened? So legally an adult?
Why are people treating this case so kindly compared to the recent similar case of Alexis Avila (see Websleuths thread) also age 18?

True they are young with a lot to learn but both were legal adults who could easily have left their living babies in a safe place.
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IMO this young woman should have been receiving medical care. She must have been bleeding heavily, she hasn't expelled the afterbirth, hasn't seen the obstetrician, and instead the hospital and cops are full-on drama. "First, do no harm...."
 
Only thing worse I can think of in terms of lack of desperately needed medical care is being an innocent, frail infant only minutes old, suffocating in a bag in the bottom of a bathroom trashcan .

Do we know if Alexee was allowing care or refusing care after she returned from the bathroom? The fact the female (Doctor?) present in the room for parts of the video wasn't even sure if she had delivered the placenta or not makes me think she hadn't physically examined her, coupled with the way she asked Alexee if she'd at least agree to be transferred to the other Hospital.
 
MissMalowe said:
Only thing worse I can think of in terms of lack of desperately needed medical care is being an innocent, frail infant only minutes old, suffocating in a bag in the bottom of a bathroom trashcan .

Do we know if Alexee was allowing care or refusing care after she returned from the bathroom? The fact the female (Doctor?) present in the room for parts of the video wasn't even sure if she had delivered the placenta or not makes me think she hadn't physically examined her, coupled with the way she asked Alexee if she'd at least agree to be transferred to the other Hospital.
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Agreed: there should have been care for both. Crazy that the hospital had determined Alexee was in labor, but has no treatment and allowed her to go to the bathroom without supervision to keep her safe. <modsnip: bashing LE/hospital staff>
 
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RickshawFan said:
Agreed: there should have been care for both. Crazy that the hospital had determined Alexee was in labor, but has no treatment and allowed her to go to the bathroom without supervision to keep her safe. <modsnip>
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How do we know that they (the doctors) knew she was in active labor? She was denying being pregnant, denying even ever having sex. She went to the restroom for only 17 mins I think it was. Its difficult to examine and assess someone (& their pregnancy) when they lock themselves in a restroom. The video footage seems to point towards her refusing care after the lab test came up + before the trip to bathroom, which the charge nurse also explained in the video that they initially thought the blood she cleaned up was from harming herself after learning she was pregnant. That doesn't sound like they KNEW she was in labor or how far along she was.
 
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I have absolutely NO sympathy for this young woman. 19 is certainly old enough to know not to kill your newborn. FGS she was in a hospital!!
I’m so angry that she is out on bail!! She can finish high school in prison after the trial.
 
RickshawFan said:
IMO this young woman should have been receiving medical care. She must have been bleeding heavily, she hasn't expelled the afterbirth, hasn't seen the obstetrician, and instead the hospital and cops are full-on drama. "First, do no harm...."
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I agree she should have received timely medical care.
She should have also left the baby there alive to receive medical care.
It's awful all around.
 
RickshawFan said:
Agreed: there should have been care for both. Crazy that the hospital had determined Alexee was in labor, but has no treatment and allowed her to go to the bathroom without supervision to keep her safe. <modsnip>
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They never determined she was in labor. She lied to them and told them she was a virgin.
 
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RickshawFan said:
Agreed: there should have been care for both. Crazy that the hospital had determined Alexee was in labor, but has no treatment and allowed her to go to the bathroom without supervision to keep her safe. <modsnip>
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I have 2 children. Neither labor included any professional being in the room every minute.
I could, and did use the bathroom at certain points. AT shouldn’t have needed a nurse etc in the room to keep her from murdering her baby.
I do find it unusual that she didn’t at least have an IV but I’ve never gone to an ER for something like back pain. Maybe hospitals don’t always slap in an IV ? IDK
At the end of the day this young female decided to end her babies life, right there in the hospital. There is absolutely no excuse for that.
The Dr sounds a bit freaked out, which I think is understandable given the situation. I’m sure the Dr, nurses, cleaning lady, and LE were all upset by what happened. I think it’s safe to assume it’s not a situation they have found themselves in before.
 
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MissMalowe said:
How do we know that they (the doctors) knew she was in active labor? She was denying being pregnant, denying even ever having sex. She went to the restroom for only 17 mins I think it was. Its difficult to examine and assess someone (& their pregnancy) when they lock themselves in a restroom. The video footage seems to point towards her refusing care after the lab test came up + before the trip to bathroom, which the charge nurse also explained in the video that they initially thought the blood she cleaned up was from harming herself after learning she was pregnant. That doesn't sound like they KNEW she was in labor or how far along she was.
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The active labor thing was in an early report posted ^^ I will try to dig it out. It’s still possible to claim you’re a virgin when you’re in active labor: there’s fantasy, and then there’s reality.

Alexee was in the ER because of back pain. Once they’d determined she was pregnant, they’re gonna check for status. The odds were something was happening with the pregnancy.

<modsnip: not victim friendly>

Both patients could have had care in this context. That’s the ER’s job.
 
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Gardenista said:
They never determined she was in labor. She lied to them and told them she was a virgin.
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They knew she was lying… and it’s their job to determine if a woman is in labor. It’s not a rare thing for that to be the case when a pregnant woman with back pain shows up at ER.

Yes, Alexee is responsible for a homicide, <modsnip: bashing LE>
 
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RickshawFan said:
Agreed: there should have been care for both. Crazy that the hospital had determined Alexee was in labor, but has no treatment and allowed her to go to the bathroom without supervision to keep her safe. <modsnip>
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In defense of the doctors and nurses here: I'd say they were in the opposite of drama mode. A patient who's sitting up and talking coherently is not someone who needs the soap opera-esque yelling, running around, shouting "STAT!", etc dramatics. That just makes the situation worse. (Especially if they're bleeding--the higher the blood pressure, the faster the blood loss.)

A patient is allowed to use the bathroom by themselves if they so choose. Alexee was only in the bathroom for a few minutes before a nurse came by to check on her, and then opened the door themself when she didn't respond. Yes, she lost a lot of blood, and was probably still bleeding, which is why they ask her for permission to transfer her "upstairs" (I assume to a surgery floor--Artesia Hospital doesn't seem to have an obstetrics ward) and send her off to a better-equipped hospital via helicopter. That's all business as normal for an emergency department. By the end of the bodycam, she has an IV in, probably to slow any bleeding during the flight, and her heart monitor is transported as well.
 
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Puzzleworth said:
In defense of the doctors and nurses here: I'd say they were in the opposite of drama mode. A patient who's sitting up and talking coherently is not someone who needs the soap opera-esque yelling, running around, shouting "STAT!", etc dramatics. That just makes the situation worse. (Especially if they're bleeding--the higher the blood pressure, the faster the blood loss.)

A patient is allowed to use the bathroom by themselves if they so choose. Alexee was only in the bathroom for a few minutes before a nurse came by to check on her, and then opened the door themself when she didn't respond. Yes, she lost a lot of blood, and was probably still bleeding, which is why they ask her for permission to transfer her "upstairs" (I assume to a surgery floor--Artesia Hospital doesn't seem to have an obstetrics ward) and send her off to a better-equipped hospital via helicopter. That's all business as normal for an emergency department. By the end of the bodycam, she has an IV in, probably to slow any bleeding during the flight, and her heart monitor is transported as well.
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Snipped.

IMO there should have been NO drama from the doc(s) in the room. Finger-pointing before patient care should not be happening. A basic IV of saline would be needed with that much blood loss, not the doc and another ER person going downstairs and leaving their patient with no care.
 
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