Within the wake of the Supreme Court’s overturn of Roe v. Wade and Ohio’s enactment of its 6-week “heartbeat” abortion ban, an Indiana doctor has stumbled on herself within the center of noteworthy media and political attention for performing an abortion for a 10-year-worn Ohio girl who became raped and impregnated by a 27-year-worn man.
Now, a criminal professional for obstetrician-gynecologist Caitlin Bernard, MD, MS, is pushing wait on on statements that she desires to be discipline to an investigation for doing her job.
“My client, Dr. Caitlin Bernard, took each applicable and appropriate action consistent with the law and both her scientific and ethical working in direction of as a doctor,” Indianapolis attorney Kathleen DeLaney, JD, talked about in an emailed relate. “She adopted all relevant policies, procedures, and guidelines on this case, staunch as she does each day to present the superb conceivable relish her sufferers. She has not violated any law, including affected person privateness criminal pointers, and he or she has not been disciplined by her employer.”
“We’re pondering superb action towards those that web smeared my client, including Indiana Attorney Typical Todd Rokita, and know that the information will all attain out in due time,” DeLaney added.
On July 14, Indiana’s Republican Attorney Typical Todd Rokita issued a relate that there would be an investigation of Bernard’s provision of care to the 10-year-worn girl.
Rokita talked about in that preliminary relate, “[W]e are investigating this peril and are expecting the relevant documents to point if the abortion and/or the abuse web been reported, as Dr. Caitlin Bernard had necessities to retain out both below Indiana law.”
“The failure to retain out so constitutes a criminal offense in Indiana, and her habits can also furthermore web an price on her licensure,” Rokita extra talked about. “Additionally, if a HIPAA violation did happen, that can web an price on next steps as correctly. I just is not going to relent within the pursuit of the reality.”
The investigation comes as abortion is silent superb in Indiana, though that could quickly switch.
Indiana law does specify that, if an abortion is geared up for a affected person who’s not as a lot as 16 years of age, the healthcare supplier have to sage it to both the assert department of correctly being and assert department of child services and products interior 3 days, consistent with the Attorney Typical’s plan of business.
Nonetheless, Bernard did characterize the abortion equipped for her 10-year-worn affected person to both departments, the Indianapolis Superstar reported, citing a public files demand.
In response to the relate issued by DeLaney, Rokita talked about the next to MedPage This day in an email: “As we talked about, we are gathering proof from multiple sources and businesses connected to those allegations. Our superb review of it remains start.”
The Indianapolis Superstar reported in the initiating set up apart of the month that Bernard had equipped relish a 10-year-worn abuse sufferer who became 6 weeks and 3 days pregnant.
DeLaney illustrious that her relate on behalf of Bernard comes as the doctor has since attain below attack by varied media retail outlets and public figures.
Previous the Indiana case, superb consultants currently urged MedPage This day that physicians’ considerations over ever-altering and exceedingly strict assert criminal pointers web the functionality to relax the provision of reproductive care, threatening salvage admission to to care and lives.
Bernard failed to staunch away acknowledge to MedPage This day’s demand for comment.
Nonetheless, she currently addressed the subject by capacity of her Twitter myth, writing the next: “My coronary heart breaks for all survivors of sexual assault and abuse. I’m so unhappy that our country is failing them when they need us most. Scientific doctors have to be in a plan to present folks the sanatorium treatment they need, when and the set up apart they need it.”
Jennifer Henderson joined MedPage This day as an enterprise and investigative writer in Jan. 2021. She has lined the healthcare business in NYC, lifestyles sciences and the business of law, among other areas.