The Indiana doctor who performed an abortion for the 10-year-old girl referenced by President Joe Biden is reportedly suing Indiana Attorney General Todd Rokita for defaming her as an "abortion activist."
Dr. Caitlin Bernard's attorney Kathleen DeLaney told CNN her client has been served a notice of an investigation that reportedly could threaten her license in the state, prompting the attorney to file a claim for damages against the AG, the Daily Mail reported.
"We are in the process of reviewing this information," DeLaney told CNN of the notice served Tuesday. "It's unclear to us what is the nature of the investigation and what authority he has to investigate Dr. Bernard."
The AG is "gathering evidence" to see if the state can bring "criminal charges" against Bernard for administering an abortion to a 10-year-old girl who was allegedly impregnated by Gerson Fuentes, 27. The girl traveled from Ohio to Indiana to get the abortion within a week of the Supreme Court kicking the issue of abortion law back to the states.
Bernard reported the abortion to the Indiana Department of Health two days after the procedure, according to CNN, as required by state law.
Also, Bernard's employer, Indiana University Health, investigated the circumstances of the abortion with Bernard's "full cooperation" and determined the doctor was "in compliance with privacy laws," according to a July 15 statement.
Bernard's lawsuit for damages against the AG claim she was defamed as "abortion activist acting as a doctor," denying she violated any privacy laws or failure to report any abortions, according to CNN.
"I am a physician," Bernard told "CBS Evening News" on Tuesday night. "I've spent my entire life working to have this position, to be able to take care of patients every single day."
Bernard's tort claim is the first step in a potential defamation lawsuit, seeking "damages for security costs, legal fees, reputational harm, and emotional distress," CNN reported.
The Indiana AG's office dismissed the claims and vowed in a statement to CNN to "defend against baseless claims."
In Ohio court Monday, Fuentes has pleaded not guilty to the rape of the 10-year-old.