Bernard has spoken publicly over the last six months about the abortion she performed for a 10-year-old rape victim who traveled from Ohio, where a restrictive abortion law took effect in June.

Rokita’s complaint alleges Bernard violated both state law and patient privacy laws by not reporting the 10-year-old rape victim’s child abuse to the proper authorities and by telling a newspaper reporter about the patient’s treatment.

This complaint comes after several back-and-forth legal proceedings between the two.

In July, Bernard spoke to The Indianapolis Star for an article about the 10-year-old rape victim who crossed state lines to receive abortion care. The story became the center of a national debate on abortion access in the aftermath of two related U.S. Supreme Court decisions that overturned the longstanding abortion-rights precedent and triggered talk of near-total abortion bans around the country.

Rokita launched his initial investigation into the legality of Bernard providing the abortion shortly after the story gained public and media attention. In that complaint, Rokita claimed that the physician had a history of failing to report abortions as required under Indiana law.

However, on July 15, officials from the Indiana University Health Medical Center, where Bernard provided the medication abortion to the 10-year-old patient, provided documentation showing that the doctor filed correctly and within the required three-day window. Bernard’s July 2 report noted that the girl’s pregnancy occurred as a result of abuse and estimated that the patient was six weeks pregnant at the time of the abortion.

Less than a week later, Bernard’s attorney, Kathleen DeLaney, filed a tort claim notice—the first step to filing a defamation lawsuit against Rokita. DeLaney also sent a cease-and-desist letter to Rokita for “making false and misleading statements about alleged misconduct by Dr. Bernard in her profession.”

Over the next couple of months, Bernard and her medical partner, Dr. Amy Caldwell, filed a separate lawsuit against Rokita and Scott Barnhart, the director of the Consumer Protection Division in the Office of the Indiana Attorney General, over their investigation into consumer complaints. Bernard said the consumer complaints have no merit and many were from non-Indiana residents who only read stories about the case.

More recently, Bernard filed a preliminary injunction to block the attorney general’s subpoenas for medical records and information on Caldwell’s and Bernard’s patients as part of their investigation into consumer complaints. Marion County Superior Court Judge Heather Welch held hearings on the injunction request on Nov. 18 and Nov. 22.

Evidence heard in court on Nov. 18 revealed that Bernard alerted law enforcement in Ohio about the situation prior to even seeing the patient and that she also contacted the Indiana Department of Child Services after the abortion.

In his newest complaint, Rokita said Bernard violated the patient’s privacy rights and claimed she failed to “immediately” report to DCS or local law enforcement in Indianapolis. State law does not define “immediate” when it comes to reporting instances of child abuse.

A public statement from the Office of the Attorney General, released after filing its complaint to the Indiana Medical Licensing Board, read, “Dr. Bernard violated the law, her patient’s trust, and the standards for the medical profession when she disclosed her patient’s abuse, medical issues and medical treatment at an abortion rights rally to further her political agenda. Simply concealing the patient’s name falls short of her legal and ethical duties here.

“As the Office of the Attorney General, it is our duty to ensure that doctors meet the standard of care. In our opinion, Dr. Bernard fell short in this situation. Now, it is up to the Medical Licensing Board to determine whether there are consequences for violating a patient’s privacy rights and the obligation to immediately report child abuse to Indiana authorities.”

DeLaney, Bernard’s lawyer, said in a statement that the doctor has consistently and fully complied with the law and referred to the complaint as a “last-ditch effort” to intimidate Bernard and other abortion care providers.

“Though I am disappointed he has put my client in this position, we are not surprised given Mr. Rokita’s consistent effort to punish those with whom he disagrees at the expense of Indiana taxpayers,” DeLaney said.

On Wednesday, the American College of Obstetricians and Gynecologists, a professional organization, tweeted about the situation, saying, “Doctors such as Caitlin Bernard, M.D., FACOG, who provide respectful, appropriate, patient-centered care to women, children and people needing abortion care are being targeted and attacked. Legal intimidation and unchecked aggression against medical professionals are unacceptable.”

Once again, the story has gained national attention—in a Thursday morning press conference, White House Press Secretary Karine Jean-Pierre said, “It’s a horrifying situation.”

“A doctor who provided reproductive care to a child that was raped is now being accused of violating patient privacy by an elected official—that is what we’re seeing and that is what is currently happening,” Pierre said. “And if that was not enough, if that weren’t enough, he is asking the state medical board to discipline the doctor for speaking out about patients in desperate need of care. This is not about the concerns of the victim, this is not about the victim at all.

“This is something that the American people care about, this is something that women care about. They want us to continue to fight for their rights, to fight for the freedom that they’ve had for almost 50 years while Roe was in place,” she said. “So the fact that Americans do not want politicians making their health care decisions for them … but we continue to see from Republican officials across the country is that they want to take away that right, to take away that freedom.”

Currently, it remains uncertain when the Indiana Medical Licensing Board will take up the complaint against Bernard. However, the judge holding the hearing on Bernard’s injunction is expected to make a ruling on the request this week.https://city-countyobserver.com/wp-admin/post-new.php#category-add