Indiana doctor threatens to sue state prosecutor for defamation in 10-year-old’s abortion case
By Gabriella Borter
(Reuters) -An Indiana physician who carried out an abortion on a 10-year-old Ohio rape sufferer threatened to sue Indiana’s legal professional common for defamation on Tuesday, submitting a declare alleging that he made “false and deceptive” statements about her dealing with of the case.
The case prompted a nationwide outcry and scrutiny after the Indianapolis Star newspaper revealed a narrative, primarily based on Indiana Dr. Caitlin Bernard’s account, of a 10-year-old Ohio woman who traveled to Indiana for an abortion as a result of an Ohio regulation banned the process after six weeks of being pregnant.
Indiana Lawyer Common Todd Rokita, a Republican, mentioned final week that he was investigating whether or not Bernard had abided by state legal guidelines requiring docs to report the termination of a being pregnant and suspected circumstances of kid abuse, and whether or not she had violated federal affected person privateness legal guidelines.
Rokita in a press release posted on-line together with a letter addressed to Indiana’s governor mentioned Bernard might face “prison prosecution and licensing repercussions” if she didn’t file the required stories on time.
The Indianapolis Star reported that it had obtained paperwork by means of a public data request exhibiting that Bernard had, certainly, met the disclosure necessities in a kind she filed with the Indiana Division of Well being and the Indiana Division of Youngster Providers.
Legal professionals for Bernard filed a declare in opposition to Rokita on Tuesday, looking for unspecified damages for safety prices, authorized charges, reputational hurt, and emotional misery, and giving the state 90 days to reply earlier than doubtlessly submitting a defamation swimsuit.
“Mr. Rokita’s false and deceptive statements about alleged misconduct by Dr. Bernard in her career represent defamation per se,” the declare mentioned.
In a press release, a spokesperson for Rokita’s workplace known as the declare “an try and distract from the essential work of the workplace, together with the obligation to find out whether or not practitioners have violated the requirements of observe in his or her career, in addition to federal and state legal guidelines.”
The ten-year-old woman was referred to Bernard for an abortion three days after the U.S. Supreme Courtroom overturned Roe v. Wade, the landmark 1973 ruling that legalized abortion nationwide. After Roe’s fall, an Ohio regulation took impact banning abortion earlier than most girls know they’re pregnant and barred the woman from getting an abortion in-state.
The story went viral, with abortion rights activists and even U.S. President Joe Biden, holding up the case for instance of the implications of Roe v. Wade’s reversal, whereas abortion opponents solid doubt on the reality of the Indianapolis Star’s report.
On July 13, an Ohio man was charged with raping the 10-year-old woman who traveled to Indiana for an abortion, corroborating the story.
(Reporting by Gabriella Borter; enhancing by Jonathan Oatis and Marguerita Choy)
