Testimony was heard from both sides, this past week, in Marion Superior Court in Dr. Caitlin Bernard’s lawsuit against Attorney General Todd Rokita.
Bernard is suing Rokita to keep him from accessing medical records at her practice in Indianapolis where she performed an abortion on a 10-year-old rape victim. Rokita is pushing to see if Bernard had properly informed law enforcement about the abuse against the young girl.
Bernard testified that she had properly informed law enforcement and her attorneys presented the documentation proving such as evidence in the testimony.
Rokita’s attorneys countered by accusing Bernard of not properly informing law enforcement in Ohio about the abuse. They even called Marion County Deputy prosecutor Katie Melnick to the stand who said in scenarios where victims were abused and live outside the state of Indiana, it is proper for doctors to report those crimes to authorities in the jurisdiction where the abuse occurred.
Rokita’s attorneys also accused Bernard of violating HIPAA by discussing the 10-year-old’s case with a newspaper reporter.
“If the doctor did not choose to use her patient, a 10-year-old rape victim, to further her own political agenda, we would not be here today,” Rokita said in an emailed statement after the hearing. “There is no defensible reason for this doctor to shatter her 10-year-old patient’s trust by divulging her abortion procedure to a reporter so her traumatizing experience could be used in the polarizing abortion debate on the heels of Dobbs.”
Bernard testified that the newspaper reporter had overheard a conversation with another doctor about the case and that she never spoke to a reporter about it.
The judge overseeing the case is now looking over testimony and evidence before making a final decision expected this coming week.