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 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 Plaintiffs appealed, arguing that their claims are not subject to the Malpractice Act, so they were not required to comply with its prelitigation requirements.
The Supreme Court of the State of Utah stated in its August 8, 2024 Opinion: “We agree with the Plaintiffs that their claims are not covered by the Malpractice Act. The Act applies to any “malpractice action against a health care provider.” UTAH CODE § 78B-3-404(1). It defines a malpractice action as “any action against a health care provider . . . based upon alleged personal injuries relating to or arising out of health care rendered . . . by the health care provider.” Id. § 78B-3-403(18) (emphasis added). 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. 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.”
“Accordingly, 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. We therefore reverse the district court’s dismissal of the Complaint.”
“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.”
Source Jane Doe H.P. v. Broadbent, M.D., 2024 UT 31.
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