Alexee Trevizo's lawyer sues hospital for wrongful death of the baby

    ARTESIA, New Mexico (KOAT) -- Artesia General Hospital is being sued for wrongful death of infant, Alex Fierro, the baby of Alexee Trevizo. Back in January, Trevizo went to the hospital for back pain. Later on, hospital staff found out she was pregnant and that she gave birth in the bathroom. The baby was found in the trash can, deceased. Attorney, Gary Mitchell told us his experts concluded the hospital is ultimately at fault for the death because of negligence and medication that was used.

Mitchell is the attorney for both this lawsuit and Alexee Trevizo's criminal case. According to court documents, Trevizo went to the hospital at 11:47 a.m. Around 20 minutes later, she was given medications like Ketorolac, Ondansetron and Morphine. Documents state some of the medications used have warnings in regard to a pregnant patient.

At 12:51 a.m., labs came back with a positive pregnancy, but staff continued to administer the same medications. From 1:30 a.m. to almost 2 a.m., Trevizo was left in the bathroom unattended.

"You never allow a woman that, you know, to be pregnant to go to the bathroom unassisted, because if they're pregnant, they may be either having a miscarriage or they may be giving birth. That's just common," said Mitchell.

Around 2:40 a.m. the baby was found and pronounced dead.

"According to our experts, the baby didn't have a chance of survival and didn't survive. The morphine and the negligence of the hospital was the direct and true cause of death," said Mitchell.

When asked about how to justify the baby being put into the trash can, Mitchell replied, what else was she supposed (to) do?

"How are you supposed to think when you're on all of this medication? You know, normally when we put people on this kind of medication, we don't allow them to do anything unassisted," said Mitchell. " You know, that's the reason we have rails on beds, for example. That's a reason we have nurses watching."

Mitchell also addressed videos and pictures that have surfaced on social media, questioning how she was unaware of her pregnancy.

"When you have women start to talk to you and say, well, she should have known. I knew I was pregnant. I knew I was pregnant right after I conceived. Well, the national statistics, the facts, the world's statistics are that one out of every 2,500 women do not know they're pregnant until they're giving birth," explained Mitchell.

He also told us he has filed to not only dismiss the criminal case but suppress evidence that would be used in the criminal case because doctors violated the doctor-patient privilege. He said the information that was leaked to social media now plays a role in having a fair trial.

Trevizo's criminal trial is set for October.