People V Sergio

864 N.Y.S.2d 264 (2008)

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Nature of the Case

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Facts

An EMS came to D’s house and quickly determined that D might have been pregnant. When asked if she was pregnant or had just given birth, D replied, No. At the hospital, it was obvious that D had just given birth and Police were notified to find the missing child. After questioning D’s sister at their home, a dead newborn was found in a garbage bag behind the house. Cause of death was determined to be asphyxia and the present cold temperatures outside at the time. The evidence showed that the female baby was born alive and had taken breaths. D was charged with murder for causing the death of her newborn baby girl who was found by the police outside D's house inside a plastic garbage bag after D had been taken to a hospital where it was determined that D had recently given birth. Police became involved in order to find the baby, and after questioning D’s sister, it was discovered in a garbage bag behind the house. D was indicted for murder and challenges that indictment. D contends that the physician-patient privilege is applicable to both her communications to the emergency medical services (EMS) volunteer and Lutheran Medical Center personnel and that disclosure of these communications to the grand jury and the court for purposes of obtaining a search warrant for D's home renders the grand jury proceedings defective and the fruits of the search warrant inadmissible. P contends that the privilege, as a matter of law, does not apply to the statement made to the EMS volunteer, who was not a physician or employed by a physician. P also argues that the presence of D's mother during her treatment at Lutheran Medical Center constitutes a waiver of any confidentiality as to what transpired there.