The Indiana physician who drew national attention after providing an abortion to a 10-year-old rape victim from Ohio filed a lawsuit on Thursday alleging that Attorney General Todd Rokita is using “frivolous” consumer complaints to investigate her and other physicians. Indianapolis OB-GYN Caitlin Bernard and colleague Amy Caldwell allege that Rokita issued subpoenas for “confidential and sensitive” medical records based on complaints from people who were not their patients, had no firsthand knowledge of their work and, in some cases, lived out of state, Politico reports. The doctors argue in the lawsuit the subpoenas are effectively a “fishing expedition” against abortion providers that violate Indiana law.
Bernard and Caldwell are asking an Indiana court to prevent Rokita from issuing additional subpoenas, which they say threaten “not only their livelihood but also the availability of the essential services they provide to their patients” and may have a chilling effect on patients. The attorney general’s "improper conduct dissuades patients who need emergency abortions from seeking care. It also threatens patients seeking legal abortions that their most personal and private medical records and health care decisions could be exposed as part of a meritless investigation,” the lawsuit states. According to the lawsuit, Rokita has issued at least five subpoenas for patient medical records.
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