The lawyer of Dr. Caitlin Bernard, the doctor from Indiana who provided abortion for the ten-year-old rape victim in Ohio, sent a cease-and-desist letter to Indiana Attorney General Todd Rokita, demanding that he stop making false or misleading statements about the physician.
The letter said that Rokita made false, defamatory statements against Bernard on Fox News on July 13, 2022, casting the doctor in a false light and alleged misconduct in her profession, IndyStar reports.
Bernard, an obstetrician-gynecologist, provided abortion to the 10-year-old rape victim from Ohio. The young girl's case caught international attention after she was refused an abortion in Ohio in the wake of the Supreme Court's decision to overturn the Roe v. Wade decision. She had to travel to Indiana for an abortion.
False and Misleading statements
On July 13, Rokita said on the Fox News Channel's "Jesse Watters Primetime" show that Bernard failed to report the abortion of the 10-year-old-girl in Indiana. The Attorney General said they are gathering evidence against Bernard as they speak and are also "looking at her licensure. He added that their office would fight the issue to the end, citing that intentionally not reporting a rape constitutes a crime. Rokita also said Bernard may have violated the patient information's confidentiality and claimed that Bernard has a history of failing to report. As per USA Today, Rokita did not offer any evidence to support his claims.
In the letter, Bernard's attorney, Kathleen DeLaney, said that Bernard complied with her reporting duties in the case. Per public records and related documents, Bernard filed a form with the Indiana Department of Health and the Department of Child Services disclosing the child's abortion and abuse.
Also in the letter is the request to Rikota to desist from making false and misleading statements about alleged misconduct by Dr. Bernard, citing that his accusations constitute defamation. She added that Rokita's message is beyond the general scope of his authority as Indiana's Attorney General. She reminded Rokita that his statement forms an actionable defamation claim.
Inciting harassment or violence from the public
Meanwhile, Indiana University Health (IU Health) issued a statement Friday saying that the group conducted an investigation with the full cooperation of Dr. Bernard and other IU Health team members and found that the doctor complied with the privacy laws.
As per NBC News, a Terminated Pregnancy Report from the Indiana Department of Health showed that Bernard reported the procedure within the required timeframe. A review of state records found no issues with Bernard's medical license.
Delaney expressed concern that given the attorney general's controversial political context of the statement, his accusations could incite harassment or violence from the public.
The spokesperson from Rokita's office wrote in an email that the attorney general's office would review the letter, but "no false or misleading statement has been made."
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