Indiana doctor who performed abortion on 10-year-old sues AG Rokita over ‘baseless investigations’
INDIANAPOLIS (WISH) — The Indiana doctor who performed an abortion on a 10-year-old girl from Ohio in June, generating national headlines and triggering an investigation by Indiana Attorney General Todd Rokita, has filed a lawsuit against him.
The suit, filed Thursday in Marion County on behalf of Dr. Caitlin Bernard, an Indianapolis OB-GYN, and her medical partner, Dr. Amy Caldwell, “seeks to block Rokita from using frivolous consumer complaints” to issue subpoenas seeking medical records in order to continue his “baseless investigation into physicians who provide abortion care,” according to a statement from the law firm representing the two doctors.
Rokita announced in July that he was investigating Bernard for potential criminal and professional violations in the case of the rape victim, saying that he wanted proof that Bernard followed Indiana law in reporting the abortion and rape. Bernard’s attorney responded by sending a cease-and-desist letter to the attorney general’s office.
The suit claims Rokita ignored Indiana law and issued subpoenas for medical records “based on complaints from individuals who have never been a patient of either doctor, who lack any personal knowledge of their work and that provide no explanation of their validity.”
“In fact, the records he requested were of patients who did not themselves file complaints about Bernard or Caldwell, which is blatant hypocrisy, given that Rokita himself claimed that Bernard violated patient privacy,” the legal team said.
The lawyers claim that at least five subpoenas have been issued by Rokita, but they say “it’s possible” that more have been issued because Rokita has been sending them directly to people or entities which may have medical records without informing them.
The lawsuit reads: “These improper investigations unfairly burden Plaintiffs in numerous ways, threatening not only their livelihood but also the availability of the essential services they provide to their patients.”
The lawsuit continues: “The Attorney General’s and Director’s improper conduct dissuades patients who need emergency abortions from seeking care. It also threatens patients seeking legal abortions that their most personal and private medical records and health care decisions could be exposed as part of a meritless investigation.”
“By statutory obligation, we investigate thousands of potential licensing, privacy, and other violations a year. A majority of the complaints we receive are, in fact, from nonpatients. Any investigations that arise as a result of potential violations are handled in a uniform manner and narrowly focused. We will discuss this particular matter further through the judicial filings we make,” Rokita said in a statement Thursday.
A court date has not been announced.