The Indiana doctor who provided an abortion to a 10-year-old rape victim is suing Indiana Attorney General Todd Rokita for using what her attorneys say are “meritless” complaints to justify subpoenas for medical records.  AG Rokita attempted to gain access to the 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.”  Lawyers for Bernard and her medical partner, Dr. Amy Caldwell, say Rokita filed “broad document subpoenas” to a hospital system for “the entire medical file” of the victim. The lawsuit alleges the complaints in question were without any legitimate basis.

The abortion case involving Dr. Bernard became national news after the Supreme Court’s decision to overturn Roe vs. Wade, which allows for states to individually enact their own abortion laws. The 27-year-old Ohio man accused of raping and impregnating a 10-year-old girl, Gerson Fuentes, was denied bail after being charged with two counts of rape of a child under 13.  The lawsuit claims many of the complaints against Dr. Bernard 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. However, termination of parental rights forms confirmed Bernard properly reported the rape.

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