Indiana Medical Licensing Board schedules hearing in ongoing abortion case

  • Comments
  • Print
Listen to this story

Subscriber Benefit

As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
This audio file is brought to you by
0:00
0:00
Loading audio file, please wait.
  • 0.25
  • 0.50
  • 0.75
  • 1.00
  • 1.25
  • 1.50
  • 1.75
  • 2.00

The Indiana Medical Licensing Board will take up a complaint next month against an Indianapolis doctor who is at the center of a controversial abortion case.

The hearing, which is set for Feb. 23, moves the board one step closer toward a decision about the doctor’s medical license and other penalties.

Indiana Attorney General Todd Rokita maintains that Dr. Caitlin Bernard, an OB-GYN, “failed to immediately report the abuse and rape of a child to Indiana authorities” after performing the abortion on a 10-year-old girl from Ohio in June.

An investigation by the Republican attorney general’s office into the doctor originally prompted a lawsuit from Bernard and her medical partner Dr. Amy Caldwell.

Rokita said in court filings that Bernard “failed to immediately report the abuse and rape of a child to Indiana authorities” after performing the abortion on the girl from Ohio. He additionally maintains that Bernard “failed to uphold legal and Hippocratic responsibilities” by “exploiting a 10-year-old little girl’s traumatic medical story to the press for her own interests.”

But courtroom testimony and evidence appears to show Bernard communicated with Ohio authorities even before she administered abortion-inducing medication. She also notified the Indiana Department of Child Services a few days after the abortion.

Just days before Marion County Superior Court Judge Heather Welch issued a ruling, Rokita sent the complaint against Bernard to the state medical licensing board.

Although the move prompted Welch to deny an injunction request, she ruled that Rokita caused “irreparable harm” to the OB-GYN’s reputation and professional standing when he publicly discussed his office’s ongoing investigation into Bernard.

The doctor voluntarily withdrew her lawsuit against Rokita after the case shifted to an administrative licensing action, however. Her lawyers cited jurisdictional issues that would likely keep the case from moving forward.

In the latest filings with the state licensing board, Bernard continues to maintain that her public comments about the 10-year-old’s case were within the bounds of HIPPA. She also argues that she “could not” have knowingly violated Indiana’s child abuse reporting law because her notification to authorities was consistent with policies in place at IU Health, where she practices.

“Dr. Bernard fulfilled her obligation to immediately report suspected child abuse when she informed a social worker who IU Health had designated to handle child abuse reporting within the hospital and also because she knew the abuse had already been reported,” documents filed with the medical licensing board state. “Dr. Bernard believed at all times that she was complying with all state and federal privacy laws and that she had fulfilled her obligation to report child abuse.”

Please enable JavaScript to view this content.

Story Continues Below

Editor's note: You can comment on IBJ stories by signing in to your IBJ account. If you have not registered, please sign up for a free account now. Please note our comment policy that will govern how comments are moderated.

4 thoughts on “Indiana Medical Licensing Board schedules hearing in ongoing abortion case

  1. Rokita, ever the publicity hound and hypocrite, pretends to care about medical care despite voting over 40 times as a member of the House to repeal Obamacare. Shame on him and shame on his enablers.

  2. When will the Indiana Supreme Court ethics committee be holding the hearing on the complaints against Todd Rokita’s Grand Standing publicity hound behavior unbecoming of the Office Of Indiana’s Attorney General ?

  3. YAWN, you Rokita-haters; what a gaggle of losers…but always ready to strike whenever you see his name, aren’t you?

    So how is Rokita a hypocrite, Jerry? Just because he recognized the unconstitutionality of “Obamacare?”

  4. Bob, you are woefully ignorant. Obamacare is constitutional, the Supreme Court has said so. What is your legal basis for saying that law is “unconstitutional”? Yawn, go back to sleep Bob.

Get the best of Indiana business news. ONLY $1/week Subscribe Now

Get the best of Indiana business news. ONLY $1/week Subscribe Now

Get the best of Indiana business news. ONLY $1/week Subscribe Now

Get the best of Indiana business news. ONLY $1/week Subscribe Now

Get the best of Indiana business news.

Limited-time introductory offer for new subscribers

ONLY $1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In

Get the best of Indiana business news.

Limited-time introductory offer for new subscribers

ONLY $1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In

Get the best of Indiana business news.

Limited-time introductory offer for new subscribers

ONLY $1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In

Get the best of Indiana business news.

Limited-time introductory offer for new subscribers

ONLY $1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In