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Dr. Caitlin Bernard's attorneys file emergency motion to block AG Rokita from accessing patient records

Caitlin Bernard and Todd Rokita.png
Posted at 4:15 PM, Nov 09, 2022
and last updated 2022-11-09 16:40:20-05

INDIANAPOLIS — Attorneys for Indianapolis OBGYN Dr. Caitlin Bernard, her medical partner Dr. Amy Caldwell and their patients filed a preliminary injunction Wednesdayasking the court to grant relief from investigations initiated by Indiana Attorney General Todd Rokita, including subpoenas served for patient records.

The filing comes about a week after a lawsuit was filed by the same attorneys to keep Rokita from accessing her private patient medical records.

The injunction claims that Bernard and the other plaintiffs "are being cause irreparable harm for which there is no adequate remedy at law" and "the public interest would be served by the grant of a preliminary injunction."

“It’s critical that the court acts to stop these subpoenas for our patient’s records. These subpoenas, if enforced, would result in a gross violation of privacy against patients who deserve and expect their medical records to remain private,” said Dr. Bernard and Dr. Caldwell in an email statement. “I hope that the court will stop these baseless investigations and ensure that future patients won’t have to live in fear of their records being publicly scrutinized after seeking safe, legal and necessary medical care.”

Attorney Kathleen DeLaney says if the investigation continues, "it could create an environment where future patients will be unable to access legal and safe medical care without fear that complete strangers will read their medical records."

WRTV reached out to Rokita's office for comment. Katlyn Milligan, an office spokesperson, shared the following statement:

“Patient privacy is the foundation of medical ethics, and although the doctor’s newfound concern for her patients’ privacy is appreciated, albeit ironic, we will proceed to seek the truth no matter the attempts to push her narrative.”

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