Lawsuit Revived Against OB-GYN
- The Utah Supreme Court allows a lawsuit filed by 94 women against an OB-GYN to proceed.
- The ruling states that sexual assault is not considered as healthcare, reviving the women's lawsuit.
- The lawsuit brings attention to the legal rights of victims of alleged assault by a medical professional.
SALT LAKE CITY — The Utah Supreme Court has reinstated a lawsuit filed by 94 women against Dr. David Broadbent, a Provo OB-GYN, and two healthcare companies, Intermountain Healthcare and MountainStar Health Care. The court's ruling, issued on Thursday, overturned a previous decision by a lower court that had dismissed the case, which accuses Broadbent of sexually assaulting the women during medical examinations over several decades. Justice Paige Petersen, in a unanimous opinion, emphasized that the plaintiffs do not allege injury from any legitimate healthcare provided by Broadbent. Instead, they claim he exploited his medical position to commit sexual assaults under the guise of healthcare. The court clarified that the alleged actions do not fall under the Utah Health Care Malpractice Act, as they were not medical treatments and lacked any legitimate medical purpose. The lawsuit was initially dismissed by Fourth District Judge Robert C. Lunnen in 2022, who ruled that the claims should have been filed as a medical malpractice case, which would have limited the timeframe for legal action and potential damages. However, the Supreme Court disagreed, stating that the nature of the claims was fundamentally different from malpractice. Dr. Broadbent has denied any wrongdoing through his attorney, but he has agreed to cease practicing medicine while the legal proceedings continue. The case has drawn significant attention, highlighting the complexities of legal definitions surrounding healthcare and sexual assault.