In a case demonstrating the potential fallout of America’s recent overturning of the controversial Roe v Wade ruling, a doctor who performed an abortion on a 10-year-old Ohio rape victim threatened to sue Indiana’s Attorney-General (AG) for defamation on Tuesday.
The doctor has filed a claim alleging that the AG made “false and misleading” statements about her handling of the case.
The case prompted a national outcry after a newspaper published a story, based on Indiana Dr Caitlin Bernard’s account, of a 10-year-old Ohio girl who travelled to Indiana for an abortion because an Ohio law banned the procedure after six weeks of pregnancy, reports Reuters.
In an online post, Indiana Attorney-General Todd Rokita said last week he was investigating whether Bernard had abided by state laws requiring doctors to report the termination of a pregnancy and suspected cases of child abuse, and whether she had violated federal patient privacy laws.
Rokita said Bernard could face “criminal prosecution and licensing repercussions” if she failed to file the required reports on time.
The newspaper reported that it had obtained documents through a public records request showing that Bernard had, indeed, met the disclosure requirements in a form she filed with the Indiana Department of Health and the Indiana Department of Child Services.
Lawyers for Bernard filed a claim against Rokita on Tuesday, seeking unspecified damages for security costs, legal fees, reputational har, and emotional distress, and giving the state 90 days to respond before potentially filing a defamation suit.
The 10-year-old girl was referred to Bernard for an abortion three days after the US Supreme Court overturned Roe v Wade, the landmark 1973 ruling that legalised abortion nationwide. After Roe’s fall, an Ohio law took effect, banning abortion before most women know they are pregnant and barred the girl from getting an abortion in-state.
The story went viral, with abortion rights activists and even US President Joe Biden, holding up the case as an example of the consequences of Roe v Wade’s reversal, while abortion opponents cast doubt on the truth of the newspaper’s report.
On 13 July, an Ohio man was charged with raping the 10-year-old, corroborating the story.
Reuters article – Indiana doctor threatens to sue state prosecutor for defamation in 10-year-old's abortion case (Open access)
https://www.reuters.com/world/us/indiana-doctor-threatens-sue-state-prosecutor-defamation-10-year-olds-abortion-2022-07-19/
See more from MedicalBrief archives:
Roe vs Wade: US abortion rights’ ruling could hurt women worldwide
Roe vs Wade: US abortion rights’ ruling could hurt women worldwide
Biden order eases access to abortion, protects clinics and physicians
Biden order eases access to abortion, protects clinics and physicians
Political, not legal, threat from US abortion row