A judge will decide if the Indiana attorney general who is investigating Dr. Caitlin Bernard can seek her patient records. MsReads via 19thnews
— are from individuals who have never interacted with her personally. In Bernard’s filing of her suit against Rokita, her legal team outlines that seven complaints were filed against Bernard between July 8 and 12 of this year.
“If the doctor did not choose to use her patient, a 10-year-old rape victim, to further her own political agenda, we would not be here today. There is no defensible reason for this doctor to shatter her 10-year-old patient’s trust by divulging her abortion procedure to a reporter so her traumatizing experience could be used in the polarizing abortion debate on the heels of Dobbs,” Rokita said in the statement.
DeLaney said it’s unfair to patients who have not consented to having their private health information reviewed by the state. “These are people with no connection to these patients, and the attorney general is using these third-party complaints as an excuse or justification to go after the most personal documents you can imagine,” DeLaney said.
“At the end of the day, the court said, ‘No you can’t use general laws to create exemptions to the rule that medical information is private and confidential,’” Huberfeld said, adding that consumer protection laws are not designed to be applied in a health care setting, a field that is already highly regulated.
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