Lawsuit filed against Artesia hospital in newborn death

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ARTESIA, N.M. – A New Mexico hospital is facing a wrongful death lawsuit after a newborn baby died in a bathroom trash can earlier this year. The mother, 19-year-old Alexee Trevizo, is currently facing murder charges.

Prosecutors say Alexee Trevizo gave birth inside a hospital bathroom, placed the newborn in a plastic bag, and left it in a trashcan where he died. She’s expected to go on trial early next year.

But, a new lawsuit argues the hospital and its workers also played a role in the baby’s death.

The lawsuit suggests there were several opportunities for doctors and hospital staff to intervene, and potentially save the child’s life.

The lawsuit was filed on behalf of the baby boy’s estate which is permitted by state law in order to investigate and bring forth wrongful death lawsuits like this one.

The suit argues the medical staff involved in the incident violated or outright ignored several hospital policies. It also claims hospital administrators did not properly train those workers and suggests they’re all partly responsible for the boy’s death.

It happened in late January when nurses at Artesia General Hospital found a dead baby in a trash can. It was a horrific discovery that the wrongful death lawsuit suggests shouldn’t have happened.

19-year-old Alexee Trevizo reportedly arrived at the hospital with intense abdominal pain, and despite insisting she was not pregnant, the lawsuit argues medical staff should’ve assumed she was considering her age and symptoms.

The suit claims Trevizo was given several medications including morphine before she was eventually tested. Once medical workers eventually learned she was pregnant, it claims they did not follow proper protocols. Most notably, allowing Trevizo to go to the bathroom alone where she gave birth.

The lawsuit argues medical staff were reckless that night and directly claims the baby’s death was a “direct and proximate result of negligent acts and omissions.”

The suit further claims the hospital violated HIPAA laws by allowing Artesia police to record interviews where Trevizo’s medical information was discussed. It also says Trevizo’s medical records were released to police and the public without her consent.

According to lapel video, doctors revealed the baby was full term. 

Prosecutors say it only died because it was placed inside a plastic bag and couldn’t breathe.

This new lawsuit reveals – for the first time– the baby’s name was Alex Ray Fierro.