Doctor who provided abortion to 10-year-old girl moves to sue attorney general for defamation

INDIANAPOLIS (WXIN) — An attorney symbolizing Dr. Caitlin Bernard, who presented an abortion on a 10-calendar year-old rape target, has submitted a tort claim towards Indiana Lawyer Common Todd Rokita — the initial stage in a defamation lawsuit towards Rokita.

“Mr. Rokita’s false and deceptive statements about alleged misconduct by Dr. Bernard in her occupation constitute defamation,” said Lawyer Kathleen A. DeLaney, who signifies Bernard.

The lawsuit comes on the heels of a stop and desist issued by DeLaney, which was alone a response to Rokita’s continued public reviews aimed at Bernard. Rokita went on Fox News on July 13, calling Bernard an “abortion activist acting as a doctor” and mentioned she experienced a “history of failing to report” and even threatened to go just after Bernard’s license.

The Fox News caption beneath Rokita proclaimed “Doc Unsuccessful to Report Abortion Abuse Victim,” in accordance to the tort claim.

Nevertheless, Nexstar’s WXIN attained paperwork displaying that Bernard did file the report, and even submitted it inside of the timeframe demanded.

DeLaney also claimed that a “simple check” on a federal government license site would have verified that Dr. Bernard’s license was energetic with no disciplinary record.

In addition, Indiana College Overall health issued a assertion indicating they conducted an investigation into Dr. Bernard and found her in compliance with privateness regulations.

But irrespective of Rokita and his workplace becoming in a position to attain this data, Rokita spoke publically in countrywide and community media, continuing to vow an investigation into her license, and to see if she had filed the report.

“Rokita possibly realized the statements were fake or acted with reckless disregard to the truth or falsity of the statements,” DeLaney mentioned in the tort declare. “Mr. Rokita recklessly and/or negligently failed to ascertain whether or not the statements about Dr. Bernard’s licensure ended up accurate or phony in advance of generating them.”

DeLaney stated Rokita’s statements “exceed the standard scope of Mr. Rokita’s authority as Indiana’s Lawyer Normal.”

“Given the latest political environment in the United States, Mr. Rokita’s comments were being supposed to heighten community condemnation of Dr. Bernard, who lawfully offered reputable health-related treatment,” the tort claim said.

The submitting triggers a 90-working day investigative interval for the condition to settle the declare, following which a lawsuit can be submitted.

Rokita’s place of work offered WXIN with the subsequent statement:

Lawyer Typical Rokita and the Place of work of Legal professional General are leaders in the professional-everyday living movement. His historic operate has even more distinguished Indiana as a protector of unborn lifetime and women of all ages. This is part of a divisive narrative and an endeavor to distract from the significant get the job done of the business office, which include the responsibility to decide whetherpractitioners have violated the benchmarks of practice in his or her job, as perfectly as federal and state guidelines. We will protect against baseless promises.

KELLY STEVENSON, Business OF Attorney Standard TODD ROKITA

The Indiana Democratic Get together also unveiled a assertion in reaction to the information:

“Hoosier taxpayers will now have to pay back for Lawyer General Todd Rokita’s national smear campaign in opposition to a health practitioner who helped a 10-year-outdated rape survivor achieve a lawful and safe abortion. The Indiana GOP demonstrates a lot more and a lot more that they will do something to pursue their extremist agenda — an agenda that gets rid of option and forces ladies to have start even in scenarios of rape, incest, or conserving the existence of the mother. This agenda is far too severe for Indiana and Hoosiers have experienced plenty of of Rokita’s self-serving antics.”

DREW ANDERSON, SPOKESMAN FOR THE INDIANA DEMOCRATIC Get together