An legal professional for Dr. Caitlin Bernard has threatened authorized motion in opposition to those that “smeared” her consumer, insisting the Indianapolis doctor complied with the regulation in treating a 10-year-old Ohio lady who traveled to Indiana for an abortion.
Legal professional Kathleen DeLaney mentioned that her consumer “took each acceptable and correct motion in accordance with the regulation and each her medical and moral coaching as a doctor.”
“She adopted all related insurance policies, procedures, and rules on this case, simply as she does daily to offer the absolute best take care of her sufferers,” Ms. DeLaney mentioned in a Thursday assertion. “She has not violated any regulation, together with affected person privateness legal guidelines, and she or he has not been disciplined by her employer. We’re contemplating authorized motion in opposition to those that have smeared my consumer, together with Indiana Legal professional Normal Todd Rokita, and know that the information will all come out in due time.”
Mr. Rokita launched an investigation Wednesday into whether or not Dr. Bernard complied with reporting legal guidelines on little one abuse after she advised the Indianapolis Star in a July 1 article that she handled a pregnant 10-year-old. The case has grow to be a flashpoint on abortion entry because the fall of Roe v. Wade in a Supreme Courtroom ruling final month.
The newest data rising on the case helps Ms. DeLaney’s insistence that Dr. Bernard adopted the regulation on reporting and privateness.
Dr. Bernard filed a “terminated being pregnant type” on July 2 after performing the abortion on June 30, and indicated that the lady sought the abortion due to abuse, in response to the IndyStar and WXIN-TV, citing data from the Indiana Division of Well being and the Division of Kids Companies.
The dates point out that the types have been filed in time, on condition that state regulation requires the submitting of such documentation in abuse circumstances inside three days.
NEW: Indiana Dr. Caitlin Bernard reported 10-year-old Ohio lady’s abortion to Indiana well being and little one welfare officers, data present. https://t.co/Ksfh2skg85 through @indystar
— Tony Cook dinner (@indystartony) July 14, 2022
Indiana College Well being mentioned in a Friday assertion that an inner investigation discovered Dr. Bernard complied with “privateness legal guidelines,” presumably referring to the Well being Insurance coverage Portability and Accountability Act [HIPAA].
“As a part of IU Well being’s dedication to affected person privateness and compliance with privateness legal guidelines, IU Well being routinely initiates critiques, together with the issues within the information regarding Dr. Caitlin Bernard,” mentioned IU in an e mail to The Washington Occasions. “Pursuant to its coverage, IU Well being carried out an investigation with the complete cooperation of Dr. Bernard and different IU Well being workforce members. IU Well being’s investigation discovered Dr. Bernard in compliance with privateness legal guidelines.”
President Biden cited the case for instance of states with unreasonably strict abortion legal guidelines. The lady was reportedly pregnant for six weeks and three days, fueling a debate over whether or not she would have certified for an abortion underneath Ohio’s heartbeat regulation.
The White Home supplied no proof to help the report. Two fact-checkers, Snopes and the Washington Submit, mentioned they have been unable to confirm the incident, prompting hypothesis concerning the report’s accuracy.
On Tuesday, nonetheless, police in Columbus, Ohio, charged 27-year-old Gerson Fuentes with first-degree rape within the case. The assistant prosecutor mentioned he’s believed to be within the nation illegally. The lady’s mom contacted Franklin County Youngster Companies on June 22, the Columbus Dispatch reported.
Mr. Rokita’s workplace mentioned its investigation is ongoing.
“As we said, we’re gathering proof from a number of sources and companies associated to those allegations. Our authorized overview of it stays open,” mentioned the workplace in a Friday assertion.
Dr. Bernard posted a tweet Wednesday, her first remark because the July 1 story broke.
“My coronary heart breaks for all survivors of sexual assault and abuse,” she tweeted. “I’m so unhappy that our nation is failing them once they want us most. Medical doctors should be capable of give folks the medical care they want, when and the place they want it.”
