Indiana doctor abortion report, 10-year-old girl abortion

INDIANAPOLIS — After Indiana Attorney General Todd Rokita threatened to go after the license of an Indiana physician who provided an abortion to a 10-year-old rape victim from Ohio, documents obtained by FOX59 through a public record request proved the physician not only filed a terminated pregnancy report but filed the report within the required timeframe.

The terminated pregnancy report, obtained by FOX59’s Angela Ganote, shows that Caitlin Bernard, an Indiana obstetrician-gynecologist, reported the abortion on July 2, two days after the abortion was performed and within the three days required for terminations to be reported to the Department of Child Service and the Indiana Department of Health.

In the report, Bernard also indicated that the child suffered abuse.

Bernard publically shared the story of the 10-year-old rape victim’s abortion in an interview with the Indianapolis Star earlier this month. The 10-year-old girl had been impregnated when she was raped by a 27-year-old in Ohio and traveled to Indiana to get an abortion due to Ohio banning abortions after six weeks following the U.S. Supreme Court overturning Roe v. Wade.

The story of the 10-year-old gained national attention with some news outlets and politicians even expressing doubt that the story was true. Republican Ohio Attorney General Dave Yost was among those who questioned the validity of the story on Fox News. Rep. Jim Jordan, a Republican of Ohio, called the story a “lie” in a now-deleted Tweet.

On Wednesday, the story was confirmed when a 27-year-old was arrested for the rape and confessed to the crime.

In the wake of the confirmation of the crime, Rokita drew criticism when he responded by threatening to go after Bernard’s medical license. In an appearance on Fox News on Wednesday, Rokita referred to Bernard as an “abortion activist acting as a doctor.” He claimed Bernard to have a history of failing to report abortions and that an investigation into the physician and her license was underway.

“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. And in Indiana it’s a crime … to intentionally not report,” Rokita said.

On Tuesday, Rokita issued a statement saying:

“Aside from the horror caused here by illegal immigration, we are investigating this situation and are waiting for the relevant documents to prove if the abortion and/or the abuse were reported, as Dr. Caitlin Bernard had requirements to do both under Indiana law. The failure to do so constitutes a crime in Indiana, and her behavior could also affect her licensure. Additionally, if a HIPAA violation did occur, that may affect next steps as well. I will not relent in the pursuit of the truth.”

Attorney General Todd Rokita

FOX59 has reached out to Rokita for a response now that the report has been obtained showing that Bernard did file a report as required. Rokita’s office responded with the following, “As we stated, we are gathering evidence from multiple sources and agencies related to these allegations. Our legal review of it remains open.”

On Friday, Indiana University Health issued a statement, saying they conducted an investigation to see if Dr. Bernard complied with privacy laws.

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. 

Indiana University Health

The Indiana Democratic Party slammed Rokita for his decision to pursue litigation against the doctor stating, “Attorney General Todd Rokita is looking to sue a doctor for saving a young girl’s life. The Indiana Republican Party believes rape survivors – including minors – should be forced to give birth to their rapist’s baby. Their agenda is dangerous and too extreme for Indiana.”

Bernard has not yet responded to Rokita but did Tweet on Wednesday saying, “My heart breaks for all survivors of sexual assault and abuse. I am so sad that our country is failing them when they need us most. Doctors must be able to give people the medical care they need, when and where they need it.”

Bernard’s attorney sent the following statement:

“My client, Dr. Caitlin 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. She has not violated any law, including patient privacy laws, and she has not been disciplined by her employer. We are considering legal action against those who have smeared my client, including Indiana Attorney General Todd Rokita, and know that the facts will all come out in due time.”

Kathleen DeLaney of Delaney & DeLaney LLC

The terminated pregnancy report is included below: