Lawsuit against Provo OB-GYN can go forward after all
Aug 9, 2024, 7:00 AM
Women who claim they were abused by a Provo OB-GYN pose for a photo for reporters on the steps of the Matheson Courthouse in Salt Lake City after their case was argued before the Utah Supreme Court. (Meghan Thackrey, KSL-TV)
(Meghan Thackrey, KSL-TV)
SALT LAKE CITY — Ninety-four Utah women who say the OB-GYN they trusted to provide them with medical treatment and who instead sexually assaulted them will be allowed to sue him, the Utah Supreme Court ruled Thursday.
At issue: Malpractice versus sexual abuse
Attorneys for the Provo OB-GYN, David Broadbent, contended the women’s lawsuit should be dismissed because it more squarely fits under the state’s Malpractice Act. They argued the women failed to meet pre-litigation requirements for a malpractice case.
In 2022, a 4th District judge agreed with that argument and threw the case out.
Read more: Judge dismisses lawsuit alleging OB-GYN sexually assaulted over 100 women
Thursday, the Utah Supreme Court overruled that decision.
In the opinion, Justice Paige Petersen wrote that the court agreed the women did not bring a malpractice case to the legal system, but an abuse case.
“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 pretence [sic] of providing health care,” Petersen wrote. “The point of their claims is that his actions were not really health care at all.”
The action from the Utah Supreme Court on Thursday returns the case to the 4th District. That means the same judge who dismissed it in 2022 will need to hear it as a civil sexual assault claim.
Accusations against Provo OB-GYN still under investigation
Police and prosecutors continue to investigate the accusations against David Broadbent. So far, he faces one criminal charge, for forcible sexual abuse.
In the original lawsuit, 94 women accused him of sexual assault during medical exams. They claim he touched them inappropriately, outside of the bounds of a typical medical exam. Many described feeling embarrassed and traumatized. Some said they did not realize until later, after hearing from another victim, that what they endured constituted assault.
An attorney for Broadbent previously called the women’s claims “without merit.”
Broadbent agreed to stop practicing medicine while the investigation continues. In addition to Broadbent, the suit also names Utah Valley Hospital and Mountainstar Health, the owner of Timpanogos Health, where he had privileges.
If you or anyone you know is a victim of sexual assault, call 1-800-656-4673, the National Sexual Assault Hotline or the Rape Recovery Center (801-736-4356).
