Indiana Reprimands Doctor Who Provided Abortion to 10-Year-Old Rape Victim

Dr Caitlin Bernard, an Indianapolis obstetrician-gynecologist, has been reprimanded and fined $3,000 by the Indiana state medical board for violating the privacy of a 10-year-old patient by discussing her case with a reporter. Dr Bernard assisted the Ohio rape victim with an abortion last year, which led to the case becoming a national talking point regarding a woman’s right to choose. The medical board cleared her of other allegations that she failed to report the rape to authorities. Todd Rokita, Indiana’s attorney general, and a Republican, who opposes abortion, had filed a complaint against Dr Bernard. The case against her is said to have lasted over 15 hours.

Dr Bernard had spoken of the Ohio girl’s case during a rally where abortion rights were being supported. Dr Bernard stated that she, as a doctor, had an ethical responsibility to educate the public about reproductive health questions, especially when it was contentious. It was this situation that led to conservatives encouraging a confirmation of the story, and the details of the girl’s case then being revealed. Dr Bernard said that she did not expect her comments to go viral or that she had broken patient privacy with her public discussion.

Dr Bernard is a public supporter of a woman’s right to choose. Last year, she was worried that lawmakers in her home state would pass strict restrictions on abortion access as was seen in Ohio. Indiana did pass legislation banning most abortions, except in cases of rape or incest, and Dr Bernard spoke publicly about the potential consequences of laws restricting access after scheduling was announced for a special legislative session on abortion. Dr Bernard did not expect the public to focus so much on the girl’s case which was picked up as a political ‘football’ during the court hearing and the events following it. Expert witnesses and officials were called on both sides of the hearing to discuss medical confidentiality rules. The Indiana University Health, Dr.Bernard’s employer, however, ruled that she did not violate the Health Insurance Portability and Accountability Act (HIPAA) privacy laws.

Dr Peter Schwartz, who is the chair of the American Medical Association’s Council on Ethical and Judicial Affairs and a Pennsylvania Obstetrician-Gynecologist, said Dr Bernard had an “affirmative obligation to speak out” regarding reproductive issues, and she is one of two doctors in Indiana with the expertise to handle complicated obstetrical cases like second-trimester abortions. While the decision not to suspend Dr Bernard and instead impose a fine was a relief, some groups feel that this opens up a new level of scrutiny and concern to health care providers, as seen in the US’ political climate. Both conservative and progressive voices have expressed their views on the outcome of the case, but for Dr Bernard, she plans to return to her practice and continue as an advocate for women’s health.



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