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Indiana doctor who performed abortion on 10-year-old rape victim sues AG

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Indiana Attorney General Todd Rokita is being sued by Dr. Caitlin Bernard for attempting to obtain the medical records of a 10-year-old rape victim by citing "mertiless" customer complaints against the doctor. File photo by Erin Schaff/UPI
Indiana Attorney General Todd Rokita is being sued by Dr. Caitlin Bernard for attempting to obtain the medical records of a 10-year-old rape victim by citing "mertiless" customer complaints against the doctor. File photo by Erin Schaff/UPI | License Photo

Nov. 3 (UPI) -- The Indiana doctor who provided an abortion to a 10-year-old rape victim is suing Indiana Attorney General Todd Rokita for using "meritless" complaints to justify subpoenas for medical records.

Rokita has attempted to gain access to medical records from Dr. Caitlin Bernard, an obstetrician-gynecologist in Indianapolis, after a number of individuals filed complaints against Bernard that her attorneys call "frivolous," according to the Indianapolis Star.

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Attorneys representing Bernard and her medical partner, Dr. Amy Caldwell, say Rokita filed "sweepingly broad document subpoenas" to a hospital system for "the entire medical file" of the victim. An attorney general may investigate consumer complaints, but the lawsuit alleges the complaints in question were without any legitimate basis.

The rape case quickly became national news due to its proximity with the Supreme Court's decision to overturn Roe vs. Wade, opening the door for states to individually enact their own abortion laws. Gerson Fuentes, the 27-year-old Ohio man accused of raping and impregnating a 10-year-old girl, was denied bail after being charged with two counts of rape of a child under 13.

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After Bernard's name became public, consumer complaints were filed against her that were "riddled with inaccuracies and rely on no first-hand knowledge," suggesting they are false, according to the lawsuit. A consumer complaint only has merit if it is based on the complainant's "personal knowledge relating to the relevant transaction."

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The lawsuit claims many of the complaints were made by people who do not live in Indiana. There was also a complaint that Bernard failed to report the rape of the victim to the authorities, which was found to be untrue. Rokita issued a statement on July 14, which questioned whether Bernard reported.

"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," Rokita wrote.

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Termination of parental rights forms confirmed Bernard properly reported the rape.

Bernard was a target of ire from several news outlets. In an appearance on Fox News, Rokita said: "And then we have this abortion activist acting as a doctor with a history of failing to report. So we're gathering the information. 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 it in Indiana, it's a crime for -- to not report, to intentionally not report."

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There is no record of any disciplinary action against Bernard, according to the Indianapolis Star.

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