People v. Sergio
New York Supreme Court, Kings County
864 N.Y.S.2d 264 (2008)
An EMT responding to a call found blood in Laura Sergio's (defendant) bathroom and asked if she had been pregnant; Sergio denied it. At the hospital, statements to treating physicians and family led police to learn Sergio had apparently just given birth without the baby; a newborn girl was later found dead in a garbage bag outside the home. Sergio was charged with murder, and moved to suppress her statements to the EMT and hospital physicians as protected by the physician-patient privilege.
Whether communications otherwise protected by New York's physician-patient privilege may be disclosed when necessary to report suspected child abuse or maltreatment or to prevent danger of harm to a third party.