Attorney for abortion doctor sends cease-and-desist letter to Rokita
INDIANAPOLIS (WISH) — The attorney for Dr. Caitlin Bernard, the Indianapolis obstetrician-gynecologist who provided an abortion for a 10-year-old child abuse victim, has sent a cease-and-desist letter on Dr. Bernard’s behalf to Indiana Attorney General Todd Rokita Friday afternoon.
“I think that he has caused a great deal of public anger at this one individual. And so I think that a defamation suit might be possible,” says Jody Madeira, a Law professor at IU. “Until the Indiana legislature acts, abortion is legal — up to 20 weeks in the state. And so, she was well under that limit at six weeks and three days. And so, there are no disciplinary actions that can be taken against her at that time. Being an abortion provider in Indiana is not a crime.”
Rokita claimed Bernard may have violated HIPPA after the Indianapolis Star reported that Dr. Bernard provided medical care for the 10-year-old girl and possibly delayed filing the abortion report. However, the Termination Pregnancy Report obtained by I-Team 8 shows Bernard conducted the abortion within the scope of Indiana law.
“There was no HIPAA violation, because just saying that someone is 10 years old, is not, while it’s health data, that it is not identifying information,” explains Madeira.
The cease-and-desist letter sent by Kathleen DeLaney of DeLaney & DeLaney LLC read in part, “Please cease and desist from making false and misleading statements about alleged misconduct by Dr. Bernard in her profession, which constitute defamation per se. Moreover, to the extent that any statement you make exceeds the general scope of your authority as Indiana’s Attorney General, such a statement forms the basis of an actionable defamation claim.”
DeLaney stated Friday that Dr. Bernard did in fact “followed all relevant policies, procedures, and regulations in this case.”
A statement sent to News 8 by an office spokesperson for Rokita said, “Like any correspondence, it will be reviewed if and when it arrives. Regardless, no false or misleading statements have been made.”
The full letter sent by DeLaney to Rokita can be viewed here.
Bernard tweeted on Friday night: “Thank you for the outpouring of courageous support. It has been a difficult week, but my colleagues and I will continue to provide healthcare ethically, lovingly, and bravely each and every day. … And thank you to the journalists who have worked tirelessly and diligently to inform the public about this important story and the truth. I hope to be able to share my story soon.”
I-Team 8’s Jasmine Minor contributed to this report.