USA: Prosecutor requested sanctions for a doctor who performed an abortion on a 10-year-old girl

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The Indiana attorney general is accusing Dr. Kaitlyn Bernard “violated the patient’s right to privacy” and did not immediately report the rape incident

Its attorney general Indiana today asked the State Board of Medicine to sanction a doctor who performed an abortion on a 10-year-old rape victim from Ohio. This case has been at the center of the public debate over access to abortion in the US.

Attorney General Todd Rokita, who is a Republican, is accusing her Dr. Caitlin Bernard that he “violated the patient’s right to privacy” and at the same time failed to immediately report child abuse to Indiana authorities.

Rokita was investigating whether Dr. Bernard followed state law requiring doctors to report abortions, even though public records showed the doctor immediately reported the abortion, as she was required to. Rokita’s office, however, asked the Medical Board to determine the appropriate “penalty” for Dr. Bernard, which could range from a letter of reprimand to the permanent revocation of her medical license.

The doctor’s lawyer, Kathleen Delaney, said her client complied with all requirements of the law and discussed the girl’s case within the bounds of privacy laws. The administrative sanctions requested by Rokita “It is clearly a last-ditch attempt to intimidate Dr. Bernard” and other abortion doctors, he argued.

The doctor has said the girl was referred to her to terminate her pregnancy just three days after the US Supreme Court overturned the 1973 ruling (Roe v. Wade) that made abortion legal federally. Ohio was one of the first states to severely limit or ban abortions after the June ruling. Some even make no exception, not even for cases of rape or incest.

The attorney general does not dispute whether the 10-year-old met the criteria (not to be more than 22 weeks pregnant). When Dr. Bernard took her over she was three days past the six-week limit set by the State of Ohio.

On the occasion of this case a fierce legal dispute has started between the doctor and the attorney general. Dr. Bernard and her partner sued Rokita earlier this month, seeking an end to searches of patients’ medical records related to abortions. According to Dr. Bernard, complaints have been made against her by people who learned about the 10-year-old’s case only from the news and repeat the false claim that she had not filed a report with the authorities.

RES-EMP

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