An Indiana doctor who performed an abortion on a 10-year-old girl Ohio Girl, filed a lawsuit against her Indiana Attorney General Todd Rokita said he berated her as an activist and falsely claimed she failed to report the proceedings.
The lawyers of Dr. Caitlin Bernard sent the notice to Rokita Tuesday, seeking damages for security costs, legal fees, damage to reputation and emotional distress.
dr Bernard assisted the child in having the abortion last month after reporting the procedure to the relevant state authorities before the statutory deadline.
But last week, Indiana AG Todd Rokita questioned whether she had reported the procedure to state officials, boasting that he was “collecting evidence” to see if the doctor could “face a criminal charge.” However, he did not provide any evidence to support his claims.
Rokita has 90 days to investigate or settle the claim. After this period, Bernard can file a lawsuit for defamation.
dr Caitlin Bernard helped the rape victim obtain an abortion and has filed a lawsuit seeking damages for security costs, legal fees, reputational damage and emotional distress
Indiana Attorney General Todd Rokita said last week that an investigation into Dr. Bernard had been initiated. She performed an abortion on the unidentified 10-year-old rape victim whose story made headlines when she was forced to travel to Indiana from her home state
‘Mister. Rokita’s false and misleading statements about alleged wrongdoing by Dr. Bernard in their profession are per se a slander,” says the note.
“The statements were and continue to be released by or on behalf of Mr. Rokita and the Attorney General’s Office. To the extent that these statements exceed the general scope of Mr. Rokita’s authority as Indiana Attorney General, the statement constitutes the basis of a defamation lawsuit against Mr. Rokita individually.’
Documents obtained from the Washington Post have revealed that Dr. Bernard reported the minor’s abortion before she was legally required to do so.
Kathleen DeLaney, the doctors’ attorney, said, “My client, Dr. Caitlin Bernard, has taken all reasonable and appropriate action in accordance with the law and both her medical and ethical training as a physician.
“She has followed all relevant policies, procedures and regulations in this case, as she does every day, to provide the best possible care to her patients.”
During an interview with Fox News earlier this month, Rokita said, “We’re gathering the evidence as we speak and we’re going to fight it to the end — including examining her Indiana license if she doesn’t come forward. It’s a crime, it.” purposely not to report.
He first expressed his doubts in a letter to Indiana Gov. Eric Holcomb, in which he said his office had requested but not received documents from state agencies.
In his interview with Fox News, Rokita ranted: “First of all, this is an illegal immigration issue, probably due to Biden’s lawlessness on the border and everything that’s going on down there.
“As a result, Indiana, as a non-border state, has filed several independent lawsuits against it.
“Then we have the rape, then we have this abortion activist who acts as a doctor and hasn’t filed a complaint in the past.”
Indiana University Health officials said in a statement that Bernard did not violate any privacy laws when she told the media an anecdote about the 10-year-old rape victim who needed an abortion in Indiana.
They added: “As part of IU Health’s commitment to patient privacy and compliance with data protection laws, IU Health routinely initiates investigations, including matters in the news that Dr. concern Caitlin Bernard.
“IU Health conducted an investigation with the full cooperation of Dr. Bernard and other team members from IU Health.
“IU Health’s investigation concluded that Dr. Bernard complies with data protection laws.”
In Indiana, abortion is legal up to 22 weeks of pregnancy, and state law requires those performing the procedure to report it within 30 days.
For all patients under the age of 16, the reporting window is reduced to three days, and physicians must notify both the Indiana Department of Health and Child Services.
This allows the authorities to initiate investigations into possible cases of child abuse.
The mother (pictured hidden behind her front door) of a 10-year-old Ohio girl who was raped and made pregnant by an illegal immigrant has denied the charges against Gerson Fuentes (not pictured). She claims her daughter is ‘fine’ and Fuentes is the subject of ‘lies’
Gerson Fuentes, 27, (pictured) was arrested on July 12 and charged with a rape after police said he confessed to raping the child twice
The rape victim, a 10-year-old Ohio girl, was attacked by illegal immigrant Gerson Fuentes, 27, who has admitted to the crime.
But the child’s mother has sensationally denied the allegations, claiming her daughter is “doing fine” after being forced to travel to Indiana to get an abortion.
In an interview with Noticias, the girl’s mother claimed that “everything they say against him is a lie”.
Fuentes was arraigned earlier this month in Columbus, where he faces charges of first-degree rape of a child under 13, with his bail set at $2 million.
The woman reportedly said she had not pressed charges against Fuentes, even though he was charged with rape after he confessed to having “vaginal contact” with the girl on at least two occasions.
The girl recently celebrated her 10th birthday, leading investigators to suspect she was only nine years old when she was raped and later became pregnant.
Her case was first reported on July 1, a week after the Supreme Court ruled Roe v. Wade had lifted and gained international attention.
The victim was forced to travel to Indiana for the procedure because it is illegal in her home state under the so-called Heartbeat Act, which bans abortions after a fetal heartbeat is detected.
Ohio law makes no exceptions for rape, incest, or abuse.
Ohio is one of many states that will enact laws limiting abortions to six weeks and have no exceptions for rape or incest. Also in the state of Ohio, doctors are required to report abuse of minors
The girl originally sought treatment from an Ohio doctor, but was turned away because she was just over six weeks pregnant, the limit imposed by a new state law.
She then asked Bernard for help on June 30, and the doctor then notified the Indiana Department of Health and Child Services about the girl’s abortion on July 2 and found that she had been a victim of abuse.
Police were alerted to the girl’s pregnancy through a referral from her mother on June 22.
Columbus Police Detective Jeffrey Huhn, who testified Wednesday for Fuentes’ prosecution, alleges the girl referred to the Guatemalan resident as her attacker and the father of her child.
He also testified that DNA evidence collected at the Indianapolis clinic will be compared to samples from Fuentes, The Columbus Dispatch reported.
Officials are also testing DNA collected from the child’s siblings to confirm who fathered the fetus.
The case has been under scrutiny by Ohio officials since it first made national headlines earlier this month.