Indiana's medical board has imposed a fine on Dr. Caitlin Bernard after she violated privacy rules by publicly discussing her involvement in the abortion of a 10-year-old rape victim.
Dr. Bernard, an OB-GYN at Indiana University Health, has been fined $3,000 and issued a letter of reprimand by the Indiana Medical Licensing Board. However, her medical license has not been suspended.
The decision by the board came after Indiana Attorney General Todd Rokita, a Republican, accused Dr. Bernard of failing to report child abuse and violating patient privacy by discussing the case with a reporter. Rokita filed a complaint in November, urging the licensing board to take disciplinary action against Dr. Bernard.
Indiana's Controversial Abortion Case
As reported by ABC, the case that led to the fine involved a 10-year-old girl from Ohio who was raped and became pregnant. The child, just over six weeks pregnant, traveled to Indiana to receive care from Dr. Bernard since Ohio's abortion laws prohibited the procedure after approximately six weeks.
It is important to note that Indiana has subsequently passed a near-total abortion ban, although it is currently on hold due to a judicial decision.
The Indiana Medical Licensing Board concluded that Dr. Bernard violated privacy rules in three counts related to patient confidentiality. However, they rejected two other counts regarding the reporting of child abuse and professional competence.
Dr. John Strobel, the president of the licensing board, characterized Dr. Bernard as a "good doctor" following the extensive 14-hour hearing.
However, according to Axios, Dr. Caitlin Bernard has still been found by the Indiana Medical Licensing Board to have infringed upon patient privacy regulations, resulting in three counts of violation.
As a consequence, she has been fined $1,000 for each violation, amounting to a total fine of $3,000. Additionally, the board has issued Dr. Bernard a letter of reprimand.
Dr. Caitlin Bernard Allegedly Failed To Report
According to NBC News, during the hearing, Cory Voight, the director of complex litigation for the Indiana attorney general's office, argued that Dr. Bernard breached patient confidentiality and failed to report the case to the appropriate authorities, violating state law. Voight further contended that Dr. Bernard had violated the Health Insurance Portability and Accountability Act (HIPAA) by disclosing sensitive health information without patient consent.
Dr. Bernard's lawyer, Alice Morical, defended her actions, stating that she had reported the case of child abuse to a social worker at her university, which complied with Indiana law. Morical also maintained that Dr. Bernard did not violate HIPAA because her comments to The Indianapolis Star did not disclose identifying information about the patient.
The highly publicized case drew strong reactions from both sides of the political spectrum. Following an internal investigation conducted by Indiana University Health, where Dr. Caitlin Bernard serves as an OB-GYN, it was concluded last year that Dr. Bernard had adhered to patient privacy regulations.
Expressing her perspective during the hearing, Dr. Bernard stated that the situation would not have escalated if Indiana Attorney General Todd Rokita had not chosen to approach it as a political maneuver.
The Alleged Rapist and Investigation
Gerson Fuentes, a resident of Ohio, faced charges for the alleged rape of the 10-year-old girl. Dr. Caitlin Bernard, while testifying, revealed that her Ohio colleague had identified the potential involvement of the girl's two brothers and her mother's boyfriend as potential suspects.
The details surrounding the case underscored the severity of the situation and the necessity of a thorough investigation.
Indiana University Health, where Dr. Bernard practices, conducted an internal investigation and determined that she had followed patient privacy laws.
The health system released a statement affirming its support for Dr. Bernard and expressing disagreement with the licensing board's decision regarding patient privacy regulations.
As this case comes to a close, it highlights the complex and contentious nature of abortion rights, patient privacy, and the responsibilities of medical professionals. The ongoing evolution of legal and ethical landscapes surrounding abortion guarantees that cases like Dr. Bernard's will continue to ignite debates and discussions on these crucial topics.
