Utah Supreme Court overturns dismissal of sexual assault case against OB/GYN
SALT LAKE CITY (KUTV) — The Utah Supreme Court overturned a lower court's dismissal of a sexual assault lawsuit against former Provo obstetrician-gynecologist Dr. David Broadbent, allowing nearly 100 women to pursue their claims outside the framework of medical malpractice.
The high court's decision on Thursday allowing the case to resume comes on the heels of a second-degree felony charge of forcible sex abuse, filed in June.
The cases the state's supreme court said can continue began with four initial plaintiffs in February 2022 and continued to grow over the course of half a year until it was dismissed on a technicality, with more than 100 plaintiffs listed.
In September of that year, Broadbent's attorneys argued the allegations in the civil lawsuit were actually a medical malpractice action. That would have required the plaintiffs to comply with rules under the Utah Health Care Malpractice Act, which requires a notice of intent to the state's department that oversees medical licensing.
4th District Judge Robert C. Lunnen ruled that "there is no material dispute that all of the events alleged ... occurred during medical examinations," thus classifying it as a medical malpractice issue.
Justice Paige Petersen, writing for the court, highlighted the definition of health care in the opinion, writing that sexual assault is not medical treatment and therefore can't be considered under the Malpractice Act.
According to the opinion:
The Act applies to any “malpractice action against a health care provider.” ... It defines a malpractice action as “any action against a health care provider . . . based upon alleged personal injuries relating to or arising out of health care rendered . . . by the health care provider.” (Emphasis added) Here, the Plaintiffs do not allege they were injured by any health care that Broadbent may have provided them. Rather, they allege that he abused his position as their doctor to sexually assault them under the pretense of providing health care. The point of their claims is that his actions were not really health care at all. And the fact that Broadbent committed the alleged sexual assaults during medical appointments or examinations does not bring that conduct within the Malpractice Act’s definition of health care because the Plaintiffs allege Broadbent’s abusive conduct had no medical purpose and was outside the scope of any legitimate health care he provided them.
"Sexual assault does not fall within the scope of medical treatment regardless of whether it is perpetrated by a podiatrist or an OB-GYN," Petersen states later in the opinion.
All five participating justices voted in favor of letting the women's case proceed. The remaining three - Justice Diana Hagen, Justice Jill Pohlman and Chief Justice Matthew Durrant recused themselves from the decision.
The opinion did not state the reason for the justices' recusals, which are not required to be made public.
The Utah Supreme Court's full opinion is included at the end of the article.
KEY POINTS OF THE RULING
- The court determined that alleged sexual assaults do not constitute "health care" under the Utah Health Care Malpractice Act.
- For an act to be considered health care, it must have a conceivable medical purpose and fall within the scope of prescribed treatment.
- The timing of alleged misconduct during medical visits is insufficient to bring it under the Malpractice Act.
- This decision overturns an October 2022 ruling by Utah County Judge Robert C. Lunnen, who had dismissed the case on grounds that it fell under medical malpractice laws.
Allegations Span Decades
The lawsuit alleges that Broadbent "took advantage of his position, Plaintiffs' vulnerability, and that relationship of trust as he sexually battered and abused Plaintiffs and numerous other women over the course of four decades."
Accusations range from inappropriate touching during exams to asking unprofessional questions.
Criminal Charges Filed
The Utah County Attorney's Office filed criminal charges against Broadbent on June 27.
According to court documents:
- Broadbent, 77, is accused of forcible sexual abuse, a second-degree felony.
- The alleged incident occurred on July 6, 2020, in Provo, Utah.
- The charge stems from an examination where Broadbent allegedly touched a patient inappropriately without consent.
Broadbent is summoned to appear before the Fourth District Court on Aug. 12.
License to Practice
According to the state's division of professional licensing, Broadbent's medical license was "voluntarily limited" on June 30.
According to court documents filed that day, Broadbent is not allowed to practice as a physician or administer controlled substances until one of the following takes place:
- He has been exonerated from the allegations being investigated by Provo City Police
- Ten months has elapsed from the date of the Stipulation and Order, and Provo City Police Department has taken no action
- He has resolved the allegations by entering into a disciplinary stipulated agreement with the licensing division
- A hearing is held before the Utah Physicians Licensing Board, and insufficient evidence exists to pursue disciplinary action
Ongoing Investigations
In May 2024, the Utah County Attorney's Office had received dozens of cases related to Dr. Broadbent, and the Provo Police Department confirmed it had referred 66 cases to the county attorney for screening.
PPD said those investigations into Dr. Broadbent were ongoing, and cases continue to be sent to prosecutors.
Tim Taylor, chief of staff for the Utah County Attorney's Office,reported to KUTV 2News at the time that they had hired a medical expert to review the physical exams performed by Broadbent.
The next month, Utah County Attorney Jeff Gray officially filed Utah's first formal sexual assault charge against Broadbent, according to a search of Utah's court records.
PREVIOUS REPORTS
- Utah OB/GYN faces allegations of abuse by nearly 50 patients
- Judge dismisses civil case filed by 100+ women against Provo OB/GYN
- Attorney, plaintiff react to dismissal of sex abuse lawsuit against Provo OB/GYN
- Utah OB/GYN sexual assault case heads to State Supreme Court
- Lawyer says police, Utah County Attorney's Office 'ignore' women reporting abuse