SALT LAKE CITY — The Utah Supreme Court has revived a lawsuit filed by 94 women against a Provo OB-GYN and two health care companies.
In a ruling handed down on Thursday, the state's top court reversed a lower court's decision to throw out their lawsuit against Dr. David Broadbent, Intermountain Healthcare and MountainStar Health Care. The women had sued accusing Dr. Broadbent of sexually assaulting them during medical exams over decades.
"Here, the Plaintiffs do not allege they were injured by any health care that Broadbent may have provided them. Rather, they allege that he abused his position as their doctor to sexually assault them under the pretense of providing health care," Justice Paige Petersen wrote in a unanimous opinion issued by the Court.
"The point of their claims is that his actions were not really health care at all. And the fact that Broadbent committed the alleged sexual assaults during medical appointments or examinations does not bring that conduct within the Malpractice Act’s definition of health care because the Plaintiffs allege Broadbent’s abusive conduct had no medical purpose and was outside the scope of any legitimate health care he provided them."
A lower court judge previously dismissed the women's lawsuit, ruling that it should have been filed as a medical malpractice case instead of a civil sexual assault lawsuit. That would have limited the window of time they could sue and limit any financial damages they could receive.
In the Utah Supreme Court's ruling, Justice Petersen said "we conclude that the Malpractice Act does not apply to the Plaintiffs’ claims because they have not brought an action 'based upon alleged personal injuries relating to or arising out of health care rendered' by Broadbent."
Dr. Broadbent, through his attorney, has denied wrongdoing. State officials said he has, however, agreed to stop practicing medicine while the case plays out in the court system.
Read the Utah Supreme Court's ruling here:
