Indiana Doctor Who Gave 10-Year-Old Abortion May Sue Attorney General

INDIANAPOLIS, IN — The Indianapolis-based doctor who performed an abortion last month for a 10-year-old rape victim from Ohio has taken the first step toward suing Indiana’s attorney general after he publicly questioned her ethics and professionalism.

Dr. Caitlin Bernard’s lawyer filed a tort claim notice Tuesday against Indiana Attorney General Todd Rokita, triggering a 90-day investigative period for the state to settle the issue, after which a lawsuit can be filed.

“Mr. Rokita’s false and misleading statements about alleged misconduct by Dr. Bernard in her profession constitute defamation per se,” the claim said.

The document detailed comments Rokita made in a July 13 interview on Fox News, during which he accused Bernard of having a history of failing to report abortions despite existing public records showing the doctor had no disciplinary history.

The next day, news outlets obtained a document proving Bernard complied with state reporting requirements, according to the claim. On the same day, Rokita published a statement on a government website indicating his office was “waiting for the relevant documents to prove if the abortion and/or the abuse were reported.”

The statement, which is still on the state website, questioned if Bernard violated HIPAA. Her employer confirmed the day after it was posted that Bernard was in compliance with privacy laws, according to the claim.

“Attorney General Rokita and the Office of Attorney General are leaders in the pro-life movement,” a spokesperson from Rokita's office said Tuesday. “His historic work has further distinguished Indiana as a protector of unborn life and women. This is part of a divisive narrative and an attempt to distract from the important work of the office, including the duty to determine whether practitioners have violated the standards of practice in his or her profession, as well as federal and state laws.”

The tort claim came after Bernard’s attorney sent Rokita a cease-and-desist letter Friday. Bernard also took to Twitter on Friday to reflect on recent events.

“It has been a difficult week, but my colleagues and I will continue to provide healthcare ethically, lovingly, and bravely each and every day,” she said.

The recent cross-state abortion became international news in the wake of the U.S. Supreme Court's decision last month to overturn Roe v. Wade. The abortion was mentioned earlier this month by President Joe Biden, but Ohio Attorney General Dave Yost said in a Fox News appearance last week that he had heard "not a whisper" about the case. Gershon Fuentes, 27, of Columbus, was later arrested and charged with felony rape, having admitted to twice raping the girl, according to the Columbus Dispatch.

Abortion is banned at six weeks in Ohio with exceptions only for life endangerment or severely compromised health, but the procedure is legal until 22 weeks in Indiana, according to the Guttmacher Institute. However, that could change for Hoosiers after a special legislative session later this month.