Sex Assaults Not Medical Care

Alleged sexual assaults by a doctor are not medical care and are not properly brought as medical malpractice cases, according to a Utah Supreme Court decision reversing dismissal of claims by multiple plaintiffs

Ninety-four former patients of David Broadbent, an obstetrician and gynecologist (OB-GYN), have sued him, alleging that Broadbent sexually assaulted them under the guise of providing medical treatment. Their claims against Broadbent include sexual battery, sexual assault, and intentional infliction of emotional distress.

Broadbent and the other Defendants in this case moved to dismiss the Plaintiffs’ claims in the district court. They argued that the Plaintiffs had essentially alleged a medical malpractice action but had failed to comply with the prelitigation requirements of the Utah Health Care Malpractice Act (the Malpractice Act or Act). The district court agreed and dismissed the case...

The district court granted the motion to dismiss, concluding that the Plaintiffs had alleged injuries that arose from health care rendered by Broadbent—thus implicating the Malpractice Act—and that they had failed to comply with the Act’s prelitigation requirements.

Not health care

We hold that the Plaintiffs have not asserted claims within the bounds of the Malpractice Act because they do not allege injuries arising out of or related to health care provided by Broadbent. Indeed, the crux of the Complaint is that their injuries were caused by actions that were not medical treatment and had no medical purpose.

The Salt Lake Tribune reported on related criminal charges.

The same source noted that the allegations led to his removal from a "Best Of" list of doctors

Seeing her former gynecologist listed as one of the area’s top fertility doctors in Utah Valley Magazine has reopened old wounds for Stephanie Mateer.

In 2021, she spoke out in a podcast and accused OB-GYN David Broadbent of sexually abusing her during an exam more than a decade earlier. Since her public disclosure, more than 120 women have alleged similar misconduct in lawsuits and in reports to the Provo Police Department. They allege that Broadbent inappropriately touched their breasts, vaginas and rectums during exams — often without warning or explanation, and in ways that hurt them and made them feel violated.

So Utah Valley Magazine’s decision to include Broadbent in its “Best Of” issue was confusing and painful, Mateer said. The magazine had invited readers to vote for their favorites across a number of categories — from medical care to shopping spots — and published the selection of Broadbent as the third top provider in its “fertility” category.

Utah Valley Magazine’s social media pages have been flooded with comments in the last three days from Utahns who have questioned why the publication recognized someone who has been accused of sexual assault by so many women.

“Shame on you for allowing David Broadbent to be one of the winners,” one woman wrote. “This list has no merit as long as he is included,” another wrote. “Shows where your morals align.”

Further

In response, the magazine on Tuesday removed Broadbent’s name from the online list and apologized. It plans to issue an apology in its next print issue. Founding Editor Jeanette Bennett said in a statement to The Salt Lake Tribune that the magazine’s decision has led to a “difficult learning lesson.”

(Mike Frisch)