Utah Supreme Court Rules in Favor of Victims

In a landmark ruling, the Utah Supreme Court has determined that allegations of sexual assault against an OB-GYN should not be classified as medical malpractice, thereby reviving a lawsuit filed by 94 women. The court's unanimous decision overturns a lower court's dismissal, which had categorized the claims incorrectly as civil sexual assault rather than medical malpractice. The ruling clarifies that sexual assault does not fall under the purview of Utah’s medical malpractice laws, emphasizing that the alleged actions of the doctor, identified as Broadbent, were not part of legitimate health care. Justice Paige Petersen articulated that the women’s claims center on the abuse of the doctor’s position rather than any legitimate health care services provided. “The point of their claims is that his actions were not really health care at all,” she stated, reinforcing the distinction between medical practice and criminal behavior. This ruling is seen as a significant victory for the plaintiffs, who have faced considerable challenges in their pursuit of justice. Adam Sorenson, the attorney representing the women, expressed relief at the Supreme Court's decision, which he believes validates the experiences of the victims. He highlighted the emotional toll of the previous ruling, which limited their legal recourse and potential compensation. The case has drawn attention to the broader issue of sexual abuse by healthcare providers, with the court's ruling sending a clear message that such actions are not acceptable under any circumstances. Broadbent, who has denied the allegations, agreed to cease practicing medicine while investigations continue. He is scheduled to make his first court appearance on Monday, as the legal proceedings move forward in light of the Supreme Court's ruling.