Indianapolis Doctor Still Debating Lawsuit Against Rokita

Staff Reports, Indiana Capital Chronicle

October 18, 2022

An Indianapolis doctor who filed a tort claim against Attorney General Todd Rokita earlier this year still has months to file a lawsuit.

The tort claim notice, filed July 19, triggered a 90-day period before a defamation suit could be filed. That 90 days has now lapsed but her attorney, Kathleen DeLaney, said no decisions have been made.

“Dr. (Caitlin) Bernard has up to two years to decide whether she will file a defamation claim against Attorney General Todd Rokita and she is still considering her options,” Delaney said in a written statement. “Dr. Bernard’s first and foremost priorities are her family and patients, and she remains focused on that. No matter my client’s ultimate decision, we will not let the Attorney General’s agenda distract from the important work at hand, which is the care that Dr. Bernard and her fellow physicians provide to patients every day.

“I will continue to defend Dr. Bernard’s integrity against baseless attacks from Mr. Rokita.”

Bernard oversaw the abortion of a 10-year-old Ohio rape victim who was forced to come to Indiana for aid because she couldn’t get an abortion under Ohio’s law. She spoke to the Indianapolis Star but did not release the girl’s name or address. The case became national news.

On July 13, Rokita appeared on Fox News and announced he would be investigating Bernard for a failure to report the abortion of a minor. State documents showed that was false the next day.

“We have this abortion activist acting as a doctor with a history of failing to report. So we’re gathering information,” Rokita told host Jesse Waters. “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.”

Since then Rokita’s office has announced no findings in the Bernard investigation and her medical license remains unblemished.

Rokita responded in August by saying, “Since the doctor’s comments about one of her patients to the media made international news, the disclosure of such private information, which is protected by state and federal law, is a matter of general public concern. Keeping the public informed is an important part of my duties as Attorney General. The indication of a review or investigation does not imply guilt or innocence and the media and others need to stop rushing to judgment and keep an open mind, relying on our promise to get all of the facts and not be deterred.”

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