SALT LAKE CITY, Utah, Aug. 9, 2024 (Gephardt Daily) — Scores of women can proceed with their lawsuit against an allegedly sexually abusive doctor, the Utah Supreme Court ruled Thursday.
The plaintiffs alleged the abuse over the years from their Provo OB-GYN, Dr. David H. Broadbent, during medical appointments. They filed suit in February 2022.
By October of that year, Provo 4th District Judge Robert C. Lunnen dismissed the case, accepting defense arguments it should have been filed as medical malpractice claims.
On Thursday, the high court rejected those arguments, saying just because the alleged abuse came during health care treatments didn’t mean malpractice applies.
Noting the 94 plaintiffs’ alleged abuse “was not health care” covered under the Malpractice Act, the court voted 5-0 to reverse the district court’s dismissal.
“And to use the district court’s example, these claims might be easier to prove if Broadbent were a podiatrist who interrupted his treatment of the plaintiffs’ feet to engage in the alleged misconduct,” reads the court’s decision.
“But sexual assault does not fall within the scope of medical treatment regardless of whether it is perpetrated by a podiatrist or an OB-GYN.”
The appeal of the dismissal was argued before the Supreme Court in October of last year. The lawsuit alleges 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.” Through his attorney, Broadbent, who turned 77 in June, has denied allegations of wrongdoing.
