83 Women Allege Sexual Abuse – Was It Medical Malpractice? Eighty three women in Utah reportedly have alleged that a Utah OBGYN sexually abused them. The allegations came to light with the February 15, 2022 filing of a lawsuit by four women against Provo OBGYN Dr. David Broadbent, accusing him of sexual battery, sexual assault, and intentional infliction of emotional distress.
The defendants also include Intermountain Healthcare (Utah Valley Hospital) and MountainStar Healthcare (Timpanogos Regional Hospital), which are alleged to have Broadbent provide care for some patients. Broadbent, Intermountain, and MountainStar have all filed motions to dismiss the case, arguing that the claims are for medical malpractice and the plaintiffs failed to comply with pre-litigation procedures. The plaintiffs’ lawyer stated in response, “For forty years, Broadbent sexually abused women and concealed that abuse under the guise of medical care. Those acts do not fall under the definition of ‘health care’ … Sexual abuse is not health care. That is the beginning and end of the Motions, and the reason they should be denied.”
“Defendants, however, seek dismissal of the Amended Complaint, arguing that the Court lacks jurisdiction because Plaintiffs’ claims fall under the Utah Health Care Malpractice Act (‘UHCMA’), and Plaintiffs did not fulfill the conditions precedent to filing suit under the UHCMA. But their arguments fail because the allegations and claims in the Amended Complaint relate to and arose out of sexual abuse, and sexual abuse is not health care. Sexual abuse is one of the most debase acts one human can perpetrate against another, and the UHCMA was not created to act as a shield behind which serial sexual abusers can hide–or behind which the facilities who profit from, and fail to stop, the abuser can hide.”
Broadbent argues: “As a mandatory condition-precedent to commencing litigation, Utah law requires those seeking to bring suit against a healthcare provider to file a notice of intent and participate in a non-binding pre-litigation hearing before the Division of Occupational and Professional Licensing. Because Plaintiffs have not completed these steps, they are precluded from filling suit … the claims asserted in Plaintiffs against Defendant Dr. Broadbent constitute ‘a malpractice action against a healthcare provider’ as set forth in the Utah Healthcare Malpractice Act 78B-3-403(17) which states: ‘Malpractice action against a health care provider’ means any action against a health care provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise, based upon alleged personal injuries relating to or arising out of health care rendered or which should have been rendered by the health care provider.””
Utah Valley Hospital argues: “According to the Amended Complaint, Plaintiffs believed that Dr. Broadbent was providing them ‘normal’ or ‘medically necessary’ care at the time of their treatment. Plaintiffs allege that it was not until December 2021 that they realized Dr. Broadbent’s actions were not medically necessary. They allege that Dr. Broadbent was affiliated with Utah Valley Hospital and MountainStar Healthcare while treating Plaintiffs. Broadbent made material misrepresentations with the intent that they should be acted upon by Plaintiffs in that Plaintiffs should believe that his actions were proper, appropriate, and medically necessary and should not believe they had been sexually assaulted or that they should question his actions and should not be aware of a possible cause of action that they had against him and/or MountainStar or IHC. MountainStar and IHC knew the above referenced representations were false, or made them recklessly, knowing they had insufficient knowledge upon which to base such representations.”
If you or a loved one may have been injured as a result of medical malpractice in Utah or in another U.S. state, you should promptly find a Utah medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice lawyers in your state who may assist you.
Turn to us when you don’t know where to turn.