Ruling Delayed On Doctors' Request For Injunction Against Wisconsin AG

By Casey Smith, Indiana Capital Chronicle

November 18, 2022

Lawyers for two Indianapolis-based doctors maintained in court on Friday that they are being targeted by Indiana Attorney General Todd Rokita, who they say is trying to use “frivolous consumer complaints” to gain access to patient medical records.

Legal counsel for Rokita’s office pushed back, however, arguing that one of the doctors violated patient privacy laws and failed to alert authorities fast enough about child abuse.

The court matter stems from an emergency court order filed by Dr. Caitlin Bernard — who performed an abortion on a 10-year-old girl from Ohio in June — and her medical partner Dr. Amy Caldwell.

Lawyers for the doctors said they are trying to block Rokita’s office from accessing the abortion patient’s medical records, and also prevent future “unchecked oversteps” by the attorney general.
Marion County Superior Court Judge Heather Welch held an emergency hearing Friday after the doctors filed their complaint earlier this month — and then an emergency court order last week — seeking to stop Rokita from accessing the medical records of patients from Bernard and Caldwell’s office.

Neither Rokita nor the doctors were present Friday in court proceedings. They were instead represented by their legal counsel.

Friday’s hearing lasted about 2 1/2 hours and both sides gave their opening arguments. The doctors brought three experts to the stand. The judge has yet to rule on the plaintiff’s motion for a preliminary injunction. Both parties are due back in court Monday for additional testimony. Welch said she anticipates making a ruling shortly after that hearing.

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