Recently updated on August 28th, 2024 at 11:57 pm
The decision revives a lawsuit filed by 94 women who said their OB-GYN doctor sexually abused them. Previously, a lower court determined that the actions they alleged had to be treated as medical malpractice.
This article was produced by The Salt Lake Tribune, which was a member of ProPublica’s Local Reporting Network in 2023. Sign up for Dispatches to get stories like this one as soon as they are published.
Sexual assault is not health care, and it isn’t covered by Utah’s medical malpractice law, the state’s Supreme Court ruled on Thursday. The decision revives a lawsuit filed by 94 women who allege their OB-GYN sexually abused them during exams or while he delivered their babies.
In 2022, the group of women sued Dr. David Broadbent and two hospitals where he had worked, wanting to seek civil damages. But a judge dismissed their case because he decided they had filed it incorrectly as a civil sexual assault claim rather than a medical malpractice case. The women had all been seeking health care, Judge Robert Lunnen wrote, and Broadbent was providing that when the alleged assaults happened.
The Salt Lake Tribune and ProPublica covered the decision, speaking with women about the lower court ruling that made it harder for them to sue the doctor for his alleged actions. After that story ran, the state Legislature voted to reform medical malpractice law to exclude sexual assault. But the new law didn’t apply retroactively; the women still had no way to sue.
So they took their case to the Utah Supreme Court, where their attorneys argued that the lower court judge had made an error in his decision. The high court agreed. Broadbent’s alleged conduct, it found, was not a part of the women’s health care — and therefore, not covered by Utah’s medical malpractice laws.
“Here, the [women] do not allege they were injured by any health care that Broadbent may have provided them,” Justice Paige Petersen wrote in the unanimous ruling. “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,” Petersen added.
Stephanie Mateer was the first woman who spoke out publicly about Broadbent, detailing her experience on the “Mormon Stories” podcast in 2021. In the episode, she described what she said was the painful way the doctor examined her, how it left her feeling traumatized and how she discovered online reviews that echoed her experience.
She said on Thursday that she cried “tears of relief” when she read the Utah Supreme Court’s ruling, and that she hopes it gives other alleged victims the courage to speak up and to seek their own justice.
Adam Sorenson, an attorney for the women who sued, noted on Thursday that it’s been almost two years since Lunnen threw out their case — which he said was a “sad and disappointing day.”
—- Adam Sorenson, attorney for the women sexually abused by the doctor
“It is difficult to describe how good it is to hear that from our highest court,” he continued, “but any joy I feel is nothing compared to the women who suffered sexual abuse, [who] were told it was just health care, have fought for three years, and can now say that the law in Utah is on their side on this important issue.”
For the women who sued, having their case characterized as malpractice reduced the time they had to sue to two years and limited the amount of money they could receive for pain and suffering.
With the Utah Supreme Court’s decision, the case now returns to Lunnen’s courtroom. Their suit alleges that Broadbent inappropriately touched their breasts, vaginas and rectums, without warning or explanation, and hurt them. Some said he used his bare hand — instead of using a speculum or wearing gloves — during exams. One alleged that he had an erection while he was touching her.
An attorney for Broadbent has denied these women’s allegations, saying they are “without merit.” The OB-GYN agreed last year to stop practicing medicine while police and prosecutors investigate.
He was charged in June in 4th District Court with one count of forcible sexual abuse, and prosecutors say their investigation is continuing. Broadbent is expected to make his first court appearance Monday.
Broadbent’s attorney did not respond to a request for comment on Thursday. Neither Utah Valley Hospital nor Mountainstar Health, which owns Timpanogos Hospital, reacted to the ruling in statements released Thursday. Both hospitals are named as defendants in the lawsuit, and both emphasized that Broadbent had privileges to practice at their facilities but was not an employee.
This article was originally published by ProPublica, and republished here under a Creative Commons license.
