Indiana AG Sued By Abortionist Who Performed Procedure On 10-year-old Rape Victim

An Indianapolis gynecologist who found herself in the national limelight over an abortion case this year is suing Indiana Attorney General Todd Rokita for issuing subpoenas for her patients’ private medical data, which she claims were motivated by “frivolous” consumer complaints.

The lawsuit filed by Dr. Caitlin Bernard and Dr. Amy Caldwell alleges that Rokita’s office sent subpoenas for medical records of patients who never filed complaints to the attorney general’s office. Dr. Bernard gained national attention after telling IndyStar that she provided an abortion to a 10-year-old rape victim.

Indiana AG Sued By Abortionist Who Performed Procedure On 10-year-old Rape Victim
Indiana AG Sued By Abortionist Who Performed Procedure On 10-year-old Rape Victim

According to a complaint obtained by IndyStar, a member of the USA TODAY Network, they are asking a judge in Marion County, Indiana to halt his inquiry on the grounds that his actions violate “several Indiana legislation.”

Attorneys for the two doctors wrote that the attorney general “has completely ignored the requirement to determine that consumer complaints have’merit’ before he can investigate and has instead used facially invalid consumer complaints to justify multiple, duplicative, and overbroad investigations into law-abiding physicians.”

To this end, IndyStar has contacted Rokita’s office for comment.

The case was filed months after Bernard’s attorney, Kathleen DeLaney, said her client had received a letter from Rokita’s office stating that it was conducting an investigation into allegations made against the doctor. In a previous statement, DeLaney called the allegations “riddled with errors and rely on no first-hand knowledge.”

The lawsuit claims that between July 8 and July 12, seven consumers reported Bernard to the Indiana Attorney General’s Office for alleged consumer fraud.

Those who read the IndyStar article about the 10-year-old patient, which went viral, submitted the claims, according to her lawyers. Neither Bernard nor Caldwell had any patients who claimed they were treated by them.

The majority of the complaints “were submitted by individuals who do not claim to reside in Indiana,” the lawsuit claims.

Bernard “kept information of the rape of a 10 year old from authorities,” according to one allegation. But in July, the Indiana Department of Health gave IndyStar a copy of a termination of pregnancy report Bernard filled out, proving that she had indeed reported the abortion and letting authorities know that the 10-year-old had been subjected to abuse.

A second Ohio resident filed a complaint against Bernard, accusing him of spreading false information by sharing the story of the 10-year-old with the media. As evidence, they cited comments made by Ohio Attorney General Dave Yost, who cast doubt on Bernard’s account by claiming on Fox News that his office had not heard “a murmur” of a complaint being filed for the 10-year-old victim.

However, in the weeks following the publication of the IndyStar story on Bernard, Ohio authorities charged a man with rape in connection with the 10-year-old. In June, the girl’s mother referred her to Franklin County Children Services, at which point the agency notified the police in Columbus, Ohio, of her daughter’s pregnancy.

One complaint form question read, “What was the very first contact you had with the Individual/Business?”

Their reply: “Reported by U.S. media and the President of the U.S.”

A representative for Rokita’s office has stated that the attorney general’s ability to investigate doctors like Bernard is “intentionally wide and found across state and federal law.””

Authority to investigate state and federal privacy violations, consumer complaint issues, and jurisdiction over licensed professionals, including physicians, are all included “This is what they stated.

If a patient files a valid complaint against a physician, Rokita can petition the state’s medical licensing board to take action. The state’s database does not reveal any disciplinary procedures taken against Bernard. Neither a state nor federal court has ever brought a case against her.

 

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