SALT LAKE CITY — The Utah Supreme Court is considering whether to revive a sexual assault lawsuit leveled by 94 women against a Provo OB-GYN.
On Friday, the state's top court heard arguments in the lawsuit against Dr. David Broadbent, Intermountain Healthcare and MountainStar Health Care. The women sued, accusing Dr. Broadbent of sexually assaulting them during medical exams.
"For over 40 years, this individual was enabled and allowed to prey on unsuspecting women due to his position as an obstetrician gynecologist," their attorney, Terry Rooney, told the Court.
In the Utah Supreme Court chambers, dozens of women and their supporters sat and watched as attorneys and the justices went back and forth over legal arguments. They wore teal colored ribbons in a sign of solidarity.
"It really helped me to feel the strength to come today and stand together knowing that I'm not the only one," said Stephanie Mateer, one of the plaintiffs, who spoke to reporters outside of court.
A lower court dismissed the women's case, declaring that it should have been filed as a medical malpractice case instead of a civil sexual assault lawsuit. That would limit the window of time they could sue and limit any financial damages they could receive, should they prevail.
The women appealed to the Utah Supreme Court arguing their initial lawsuit should stand on its own. On Friday, the justices questioned the line of what's under the umbrella of medical malpractice law and sexual assault.
"What is your argument that these acts were not during the patient's care, were not during the patient’s medical treatment?" asked Justice Paige Petersen.
"We don’t claim any injuries rising out of health care," Rooney replied. "The injuries we claim are the trauma associated with the sexual abuse our clients suffered."
Judge Michele Christiansen Forster (a member of the Court of Appeals who sat on Friday's panel after a justice recused themself from the case) also focused on aspects of Utah law that declare what falls under medical malpractice.
"Health care is defined as any act performed by any health care provider on behalf of the patient during the patient’s medical care," she said. "There is no dispute these victims, these patients were receiving medical care from Dr. Broadbent."
"We actually do dispute they were receiving medical care," Rooney countered. "The mere fact they went to his office, maybe someone took vital signs, they were abused. We don’t think that’s medical care."
Intermountain Healthcare's attorney argued that the plaintiffs' claims fall under medical malpractice.
"To constitute a malpractice action, the plaintiffs injuries must relate to or arise out of health care provided," Caroline Olsen told the Court.
But Olsen faced pushback from Justice Petersen.
"There are allegations there is no need for something like that at that time and at the guise of that he commits what would otherwise be sexual battery," Justice Petersen said.
Olsen argued the case is about the definition of a medical malpractice action.
The Court took the case under advisement with no timeline when they would issue a ruling. Outside the courtroom, many of the plaintiffs hugged each other and posed for photos together, expressing optimism they would get a ruling in their favor.
"Yes, it happened in a medical setting in a doctor’s office, but medical treatment ended the moment sexual abuse began," Ashton Sorenson told FOX 13 News.
Dr. Broadbent has denied wrongdoing in comments made through his attorney. The Utah Division of Occupational and Professional Licensing said he has agreed to not practice medicine while the allegations play out in court.
"Filing it as sexual assault removes a lot of those protections and I don’t think those are protections he should have," Mateer said.
Some of the plaintiffs have expressed frustration that while many of them have complained to law enforcement in Utah County, it has yet to result in criminal charges.
"Haven’t really heard much to be honest," Sorenson said. "Just that it’s under investigation and they’re collecting more stories and not really answers from them. I’m not sure what’s going on. It’s definitely disappointing."
