Lawyer defends doctor embroiled in political firestorm over 10-year-old’s abortion

‘She followed all relevant policies, procedures, and regulations in this case, just as she does every day to provide the best possible care for her patients,’ lawyer says

The attorney representing the Indiana doctor embroiled in a political firestorm over the abortion of a 10-year-old girl who travelled from Ohio for the procedure has said that her client provided the correct treatment and didn’t violate any patient privacy laws when speaking out about the issue.

Attorney Kathleen DeLaney put out a statement for Indianapolis obstetrician-gynecologist Caitlin Bernard on the same day that Republican Indiana Attorney General Todd Rokita said that his office would be looking into Dr Bernard’s actions, but he offered no explicit allegations of violations.

On Wednesday, a 27-year-old man was charged in Columbus, Ohio with the rape of the 10-year-old girl. The charge confirmed the story of the case which had been viewed sceptically by some media outlets and GOP officials.

President Joe Biden’s expression of sympathy for the girl at the signing of an executive order intended to protect abortion access prompted further pushback.

On 24 June, the Supreme Court overturned the 1973 landmark Roe v Wade ruling, ending the federal right to an abortion.

Ms DeLaney said that Dr Bernard “took every appropriate and proper action in accordance with the law and both her medical and ethical training as a physician”.

“She followed all relevant policies, procedures, and regulations in this case, just as she does every day to provide the best possible care for her patients,” Ms DeLaney added. “She has not violated any law, including patient privacy laws, and she has not been disciplined by her employer.”

On 2 July, Dr Bernard reported to the state health department that a medication abortion had taken place for a 10-year-old girl on 30 June.

That was within the three-day rule according to state law for someone under the age of 16, according to a report obtained by The Indianapolis Star and WXIN-TV of Indianapolis under public records requests.

The report indicated that the girl had been abused.

Ms DeLaney said they’re considering legal action against “those who have smeared my client,” such as Mr Rokita.

He said he would investigate whether Dr Bernard violated child abuse notification or abortion reporting laws.

The state attorney general added that his office would investigate if Dr Bernard told The Star anything that could have violated federal medical privacy laws.

The US Department of Health and Human Services would not say whether any privacy law complaints had been filed against Dr Bernard, nor would Indiana University Health, where Dr Bernard is an obstetrician. But the HIPAA Privacy Rule only protects most “individually identifiable health information,” the department’s website said.

Mr Rokita appeared on Fox News on Wednesday night, questioning if Dr Bernard reported the case properly.

“We’re gathering the evidence as we speak, and we’re going to fight this to the end — including looking at her licensure, if she failed to report,” Mr Rokita said.

The Indianapolis prosecutor said only his office can pursue criminal charges as the abortion took place in the city. He added that Dr Bernard was being “subjected to intimidation and bullying”.

“I think it’s really dangerous when people in law enforcement start trying to launch a criminal investigation based on rumours on the internet,” Democratic Marion County Prosecutor Ryan Mears said.

Some Republicans who have pushed severe abortion restrictions in Ohio following the overturning of Roe, such as Ohio Attorney General Dave Yost, initially questioned if the story Dr Bernard told the paper was real.

On Monday, Mr Yost told Fox News that there wasn’t “a whisper” of evidence in support of the case existing.

He later said his “heart aches for the pain suffered by this young child” and that his office is ready to support the police in investigating the case.

Mr Yost faced pushback on Thursday after also claiming that medical exceptions in the Ohio “fetal heartbeat” abortion ban would have allowed the girl to receive her abortion in the state.

Seemingly in response, he released a “legal explainer” detailing the law’s medical exceptions. Abortion rights advocates and attorneys said the law’s medical exceptions – for the life of the mother, dire risks of bodily harm and ectopic pregnancies – would not have protected an Ohio doctor who performed an abortion for the girl from prosecution.

Indiana OB/GYN and Physicians for Reproductive Health board member Katie McHugh told The Washington Post that the allegations against Dr Bernard were “baseless attacks” that reveal how “abortion providers are being targeted by a state that is creating a threatening pose that is neither legal, nor is it appropriate”.

“This is a waste of government time and of taxpayer dollars for a political stunt that doesn’t chase after the actual criminal here,” Dr McHugh added. “It doesn’t even centre on the victim and instead focuses on a physician providing legal and evidence-based care.”

Dr McHugh said there are many similar cases to that of the 10-year-old girl.

“There are so many cases just like that one. Every abortion provider I am privileged to know has taken care of patients that are preteens victimized and impregnated by predators,” Dr McHugh told The Post. “Her story isn’t new, and it’s not something that was invented. This just shows that restrictions and regulations don’t prevent abortion — they only serve to make it less safe.”

The Indiana University Health system issued a statement following an investigation into Dr Bernard’s actions and said they found no evidence of wrongdoing.

“As part of IU Health’s commitment to patient privacy and compliance with privacy laws, IU Health routinely initiates reviews, including the matters in the news concerning Dr Caitlin Bernard. Pursuant to its policy, IU Health conducted an investigation with the full cooperation of Dr Bernard and other IU Health team members. IU Health’s investigation found Dr Bernard in compliance with privacy laws,” the university said.

The Associated Press contributed to this report