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Learn more »Summary
David Broadbent was an active LDS church member and obstetrician/gynecologist (OB/GYN) doctor in Provo, Utah.
He was married in the Mesa, Arizona Mormon temple in 1973.
In 2022, dozens of women came together in a class action lawsuit in Utah, accusing Dr. David Broadbent of sexually abusing them. A judge dismissed the case, “determining that because their alleged assailant is a doctor, the case must be governed by medical malpractice rules rather than those that apply to cases of sexual assault” (ProPublica, 2023-02-22).
In October 2023, over 90 women planned to appeal to the Utah Supreme Court on October 20 regarding their 2022 lawsuit against Broadbent.
As of October 2023, Broadbent had not been arrested or charged with a sex crime.
In June 2024, Broadbent was criminally charged with forcible sex abuse.
FLOODLIT has obtained a copy of the probable cause affidavit in Broadbent’s criminal case, thanks to your donations.
It says (victim initials redacted; warning, graphic description of sexual assault):
“On July 6, 2020, [Victim] went to the Provo office of the defendant, a physician, regarding a bump in her vaginal area. The defendant was a physician. [Victim] had undressed from the waist down for the examination. The defendant came into the treatment room and lifted [Victim]’s shirt and bra and grabbed her breasts. After touching her breasts, the defendant grabbed [Victim]’s leg in what felt to her as a sexual manner and pulled her to the edge of the table and began the examination of her vaginal area.”
In November 2024, Broadbent was charged with an additional felony count of object rape.
Videos
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- Video title: When High-Level Mormon Church Leaders Sexually Abuse: Matt and Stephanie Purcell Pt. 1 - 1520
- Video description: Matt Purcell is the grandson of Spencer Palmer - former BYU professor of religion, mission president, temple president, LDS church area authority, personal friend of Mormon prophet Gordon B. Hinckley, and likely recipient of the top secret Mormon church Second Anointing ritual. In today's episode Matt tells his story of being one of several victims of sexual abuse by his grandfather - who served at some of the highest levels of Mormon church leadership. Matt is joined by Stephanie, his wife. Both share their Mormon stories, which include their faith journeys after discovering problematic Mormon church history. [FLOODLIT note: In this episode, starting at approximately 2:11:45, David Broadbent's alleged sexual abuse is described]
Sources
- David H. Broadbent Claims Arizona Bride
- Sexual abuse class action lawsuit now has 50 Jane Does, more expected
- 'Disgusted': Utah Doc Accused of Sexually Abusing 83 Women
- Utah County judge dismisses case against Provo OB-GYN accused of sexual abuse by more than 50 patients
- Attorney prepares malpractice claim against Provo OB/GYN accused of sexual abuse
- 94 Women Allege a Utah Doctor Sexually Assaulted Them. Here’s Why a Judge Threw Out Their Case.
- Attorney questions whether Utah County will bring criminal charges against former doctor
- Utah women among dozens appealing court’s decision regarding Provo OB-GYN lawsuit
- Utah magazine apologizes after including an OB-GYN repeatedly accused of sexual assault in its ‘Best Of’ issue
- Utah County doctor sued by nearly 100 women faces first criminal charge
- Utah OB-GYN David Broadbent charged with forcible sexual abuse for 2020 patient exam
- Dozens of women said a Provo OB-GYN sexually abused them. Now the Utah Supreme Court says they can sue him.Dozens of women said a Provo OB-GYN sexually abused them. Now the Utah Supreme Court says they can sue him.
- Provo gynecologist faces new felony rape charge in ongoing sexual abuse case
Source details
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David H. Broadbent Claims Arizona Bride
Publisher: Provo Daily Herald
Date: 1 Jan 1974
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view all information sources Sexual abuse class action lawsuit now has 50 Jane Does, more expected
Publisher: Provo Daily Herald
Date: 17 Mar 2022
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view all information sources 'Disgusted': Utah Doc Accused of Sexually Abusing 83 Women
Publisher: The Daily Beast
Date: 2 May 2022
Archive.org
Source type: News article -
view all information sources Utah County judge dismisses case against Provo OB-GYN accused of sexual abuse by more than 50 patients
Publisher: Gephardt Daily
Date: 5 Oct 2022
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view all information sources Attorney prepares malpractice claim against Provo OB/GYN accused of sexual abuse
Publisher: Provo Daily Herald
Date: 20 Jan 2023
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Source type: News articleThe sign for David Broadbent's office in the North University Medical & Dental facility in Provo is shown on Thursday, March 17, 2022.
On Oct. 4, 2022, Fourth District Court Judge Robert Lunnen dismissed a class action lawsuit against Dr. David Broadbent, a Provo obstetrics and gynecology specialist accused of sexual abuse and sexual battery of female patients. Over 80 women originally signed on to the lawsuit.
Lunnen did so because he believed the charges should have been medical malpractice claims and that pre-litigation procedures were not done correctly.
Now, attorney Eric Nielson is representing more than 20 “Jane Does” — along with other attorneys representing possibly up to 200 more women — in filing a malpractice claim against Broadbent, Nielson told the Daily Herald.
Nielson sent a letter to Utah County Attorney Jeff Gray on Wednesday, asking why the office did not pursue criminal charges against Broadbent.
“My clients are some of the most powerless individuals in our society — many do not speak English and they do not have health insurance,” Nielson wrote. “You will, of course, fulfill your oath as a prosecutor if you choose to prosecute Dr. Broadbent.”
When asked about Nielson’s letter and the decision to not charge Broadbent, representatives for the Utah County Attorney’s office were caught off guard and lacked background on the case.
“We’re still waiting for additional information,” said Tim Taylor, attorney’s office chief of staff.
According to then-county attorney David Leavitt, the case was not referred to his office by Provo police.
In his letter, Nielson argued in favor of charges for Broadbent by quoting policy from the American College of Obstetrics and Gynecologists. ACOG is the only professional organization for OB/GYNs and is universally regarded as the “governing body” for the specialty.
ACOG Recommendations Number 796 states, “Sexual misconduct by an obstetrician – gynecologist is an abuse of power and a violation of patients’ trust. Sexual or romantic interaction between an obstetrician – gynecologist and a current patient is always unethical, is grounds for investigation and sanction, and in some cases should be considered for criminal prosecution.”
The ACOG also states that Obstetrician-gynecologists are obligated ethically and professionally to report sexual misconduct or suspected sexual misconduct by any health care professional to appropriate authorities, such as supervisors, department chairs or other institutional officials, peer review organizations and professional licensing boards.
Nielson indicated that many of his clients came forward in March and April 2022 to describe their experiences to the Provo Police Department.
“The experience was profoundly disquieting. Investigating officers minimized their complaints. They were dismissive,” Nielson wrote. He added that officers asked a series of questions that clients found invasive including “Why didn’t you come to us sooner?” and “How do you know this wasn’t just a routine pelvic exam?”
According to ACOG guidelines, “Sexual impropriety may comprise behavior, gestures, or expressions that are seductive, sexually suggestive, disrespectful of patient privacy, or sexually demeaning to a patient that may include, but are not limited to, the following:
Performing an intimate examination or consultation without clinical justification or appropriate consent;
Examination or touching of genital mucosal areas without the use of gloves;
Inappropriate comments about or to the patient, including but not limited to, making sexual comments about a patient’s body or underclothing, making sexualized or sexually demeaning comments to a patient, criticizing the patient’s sexual orientation, making non-clinically relevant comments about potential sexual performance during an examination.”Jane Does accused Broadbent of violating all of these practices.
Nielson’s letter to Gray alleged that Broadbent, among other things, used deep penetration vaginally and rough rectal examinations on patients. Patients claimed that Broadbent was so rough in his examinations that his patients were left bleeding.
“This letter is not the right forum to delve into the individual medical history of each client that I represent. I think you get the point. Dr. Broadbent engaged in a pattern of behavior which clearly reveals an intent to obtain sexual gratification during these exams rather than an intent to gather useful clinical information about his patients. He is getting his rocks off, not looking for cancer,” Nielson wrote.
He added that Broadbent allegedly surrendered his medical license to the State of Utah within weeks of the initial accusations.
“Victims of sexual abuse live with the humiliation and shame of what happened to them every day. They are entitled to know that their elected representatives are not going to let Dr. Broadbent get away with this,” Nielson said. “They are entitled to know that similar behavior by other predatory healthcare providers will be deterred in the strongest possible terms. They want to know that their daughters, sisters, and friends will be protected from having to go through this in the future.”
Nielson informed Gray that he and others intend to prosecute Broadbent to the fullest extent of civil law.
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view all information sources 94 Women Allege a Utah Doctor Sexually Assaulted Them. Here’s Why a Judge Threw Out Their Case.
Publisher: ProPublica
Date: 22 Feb 2023
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view all information sources Attorney questions whether Utah County will bring criminal charges against former doctor
Publisher: Provo Daily Herald
Date: 30 Aug 2023
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view all information sources Utah women among dozens appealing court’s decision regarding Provo OB-GYN lawsuit
Publisher: ABC4
Date: 12 Oct 2023
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Source type: News articlePROVO, Utah (ABC4) – Over 90 women are planning to appeal to the Utah Supreme Court next week over their lawsuit against a former Provo OB-GYN after a judge tossed out their complaint last year.
Heather P. and Ashton Sorenson are two of those women.
Heather says she met with Dr. David Broadbent for nearly 2 years, starting in 2005 when she was 20 years old and expecting her first child. She says he sexually harassed her that entire time.
“You didn’t know what was ever going to happen,” she said. “You didn’t know what he was going to touch next or what he was going to do.”
Sorenson says she was a student at Brigham Young University when Broadbent first treated her.
“Honestly, it only merited a conversation, and what I got was a full body exam, no gloves,” she said. “It was very extensive and painful.”
Along with 90-plus other women, Heather P. and Sorenson filed a lawsuit against Broadbent in 2022. The suit claims Broadbent caused his patients trauma, pain, anxiety, distress, and other emotional and physical trauma. The allegations go back to the 1980s and involve women from Utah, Colorado, Arizona, Kentucky, Idaho, Virginia, Nebraska, Maryland, Minnesota, and North Carolina.
The 4th District Court dismissed their case, claiming it was a medical malpractice suit rather than harassment. The attorneys of the victims, however, argued that the claims “arose out of sexual abuse,” and that “sexual abuse is not health care,” according to court documents.
Despite the case being dismissed, the court still noted in the way of analysis: “[T]he allegations paint a particularly appalling view of Dr. Broadbent and his conduct as an OB-GYN … Dr. Broadbent’s treatment of his patients is insensitive, disrespectful and degrading.”
“It doesn’t matter how horrific the assault was or how traumatizing, the fact that it was by a doctor during a healthcare visit, in a healthcare facility, that’s what they’re going off of,” Sorenson said.
These women are planning to appeal to the Utah Supreme Court on Oct. 20 to reinstate it.
“I don’t know what’s going to happen in the Supreme Court, but I know that by showing up with these strong women we can at the very least heal ourselves and raise awareness to the problems,” Heather said.
They say their hope is to stop something like this from happening to anyone else.
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view all information sources Utah magazine apologizes after including an OB-GYN repeatedly accused of sexual assault in its ‘Best Of’ issue
Publisher: Salt Lake Tribune
Date: 28 May 2024
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Source type: News articleWomen who sued David Broadbent and accused him of sexual assault said they were confused and hurt after seeing he placed third in the “Best Fertility” category.
(Leah Hogsten | The Salt Lake Tribune) The University Medical Center office building, Feb. 7, 2023, located on University Avenue in Provo where OB-GYN Dr. David Broadbent once practiced. More than 100 women have publicly accused David Broadbent of sexual assault, and many of them were upset this weekend after seeing that he was named a top fertility doctor in Utah Valley Magazine's "Best of" issue. The magazine has since apologized and removed his name from the list.
By Jessica Miller
| May 28, 2024, 10:51 p.m.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.”
Mateer said she has lost sleep and has a hard time focusing since reading his name on that list, wondering why he was included — particularly because he told licensers he closed his practice in 2022 to focus on defending himself against the accusations that Mateer and the other women have lodged against him.
(Bethany Baker | The Salt Lake Tribune) Stephanie Mateer, shown at her home on Jan. 20, 2023, is one of 94 women who have sued their OB-GYN David Broadbent, alleging he sexually assaulted them during exams.
Did his past patients rally to vote for him, she wondered? That possibility felt like a “slap in the face.” Or was it an effort led by his friends? That forced her to remember a time when she said a person who knew Broadbent contacted her on the phone and called her a liar.
“There is no situation in which this isn’t painful,” she said Tuesday.
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.”
Bennett said that her staff’s goal is to have “valid results,” regardless of who advertises with them or pressures them to be included in the “Best Of” lists. The only reason they’ve adjusted results in the past is if it appeared the votes had come from unethical voting, she said, such as “Russian bots sending thousands of votes in the middle of the night.”
Broadbent received a “significant amount of votes,” Bennett said, theorizing that supporters may have included his name as “a bit of a PR campaign.”
(Screenshot) Utah Valley Magazine had listed David Broadbent as a leader in "Fertility" in its 2024 "Best Of" issue.
After seeing that he received enough votes to make the top three, Bennett said, magazine staff checked to see that Broadbent’s license hadn’t been revoked by the state. (Broadbent entered into a stipulation with the Division of Professional Licensing in 2022, agreeing not to practice while Provo police’s investigation was pending. That agreement is considered non-disciplinary, and is still in place.)
“We chose not to alter the votes, and we let the results stand,” Bennett said. “We have now heard from many women involved in the lawsuit. Their stories are heart-wrenching. We are particularly sorry that our Best Of results added to their sorrows. This is one case in which we should have set the data aside and disregarded our readers’ votes.”
Bennett said that this negative feedback has caused staff members to add new steps to how they will process contest results in the future. They will now allow the editorial board to override votes, she said, and remove any individuals and companies deemed unfit for the list “for legal, moral and ethical reasons.”
“We care about our community and all of its residents. We care about women and believe their stories,” she said. “We understand that adding this subjective element to our voting process will provide a needed safety net so that we are truly highlighting and promoting the best of Utah Valley.”
The majority of comments about Broadbent on Utah Valley Magazine’s Instagram page were posted in the last 72 hours. However, one woman questioned the magazine’s decision 15 weeks ago, when the nominees were announced and reader voting was opened.
“David Broadbent should be removed from your fertility category,” she wrote. “He has been accused by over 100 women of sexual abuse and using his position as a doctor to take advantage of them. How could he have possibly been added to a list of Utah’s ‘best?’”
The magazine never replied to this comment.
Mateer said the magazine’s decision to look to Broadbent’s licensing status when deciding to include him highlights another issue in her mind: That Utah licensers did not revoke his license. Instead, he was allowed to enter into a “non-disciplinary” stipulation where he voluntarily agreed to stop seeing patients for the time being.
“The fact that Utah has not revoked his licensed after hundreds of women have accused him of sexual assault is appalling,” she said.
Though Broadbent has been accused in civil lawsuits and in at least 49 reports made to police, he has not been charged with a crime. Utah County prosecutors have been deciding whether to charge him for the last 18 months, and Deputy Utah County Attorney Tim Taylor said last month that they were working to get extra funding to hire a medical expert to give an opinion before making a decision.
According to the stipulation with licensers, Broadbent is not supposed to work as a physician until the criminal investigation against him is finished. It’s not clear whether he’s working in the fertility field in any other capacity, and his attorney did not immediately respond to a request for comment.
Mateer is one of 94 women who have filed a civil lawsuit against Broadbent and two of the hospitals where he delivered some of their babies. But in September 2022, a judge dismissed their case when he ruled that it fell under medical malpractice law instead of a civil sexual assault claim, which meant it had faced tighter filing deadlines. The women have appealed the ruling to the Utah Supreme Court, and have been waiting for seven months for its decision.
Brooke Heath, another plaintiff in that lawsuit, said Tuesday that it’s been a frustrating journey for those who say Broadbent harmed them: Their lawsuit was dismissed. Other women who went to Provo police to report Broadbent say they faced delays, language issues and insensitive interview techniques. And after more than a year, prosecutors still haven’t decided whether they’ll charge Broadbent at all.
(Leah Hogsten | The Salt Lake Tribune) Brooke Heath, photographed at home, Jan. 11, 2023, alleges Dr. David Broadbent violated her in December 2008 while she was hospitalized after experiencing complications with her first pregnancy.
So while Heath said seeing Broadbent’s name on that Utah Valley Magazine’s “Best Of” list was confusing and also felt to her like a “slap in the face,” she did appreciate that the publication responded quickly by removing his name from the online list after hearing from women who say they were abused.
“I am really impressed with the strong women that we have in our case,” she said, “that are bold enough to express their concerns, even in spite of all the times we’ve been shut down. To say, ‘Enough is enough.’”
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view all information sources Utah County doctor sued by nearly 100 women faces first criminal charge
Publisher: KSL
Date: 27 Jun 2024
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Source type: News articlePROVO — A Utah County OB-GYN who was the subject of lawsuit filed on behalf of nearly 100 women who claimed they were abused by him is now facing his first criminal charge.
David Harrison Broadbent, 77, was charged Thursday in 4th District Court with forcible sexual abuse, a second-degree felony.
The charge is based on an alleged incident in July of 2020 when a woman went to Broadbent for an examination. After undressing from the waist down in the treatment room, Broadbent entered and lifted the woman's shirt and inappropriately grabbed her, according to charging documents.
He then "grabbed (the woman's) leg in what felt to her as a sexual manner and pulled her to the edge of the table and began the examination," the charges state.
The Utah County Attorney's Office issued a statement on Thursday saying that Broadbent remains under investigation, and the office "will make a determination whether additional charges will be filed against Dr. Broadbent when these investigations are completed."
In 2022, 94 women filed a lawsuit against Broadbent claiming they were sexually assaulted while getting medical care from him and that he made insensitive, offensive and inappropriate remarks, performed unnecessary intimate exams, and used his hands to touch them in sensitive areas for his own gratification when not medically necessary.
Broadbent surrendered his license to practice after the lawsuit was filed. But 4th District Judge Robert C. Lunnen dismissed the lawsuit three months later.
The judge agreed the events described in the complaint were "appalling," and that Broadbent's treatment of patients was "insensitive, disrespectful and degrading" — but said his ruling was based on the law, not his reactions to the allegations in the lawsuit. He said the issues raised should be part of a medical malpractice suit so he did not have jurisdiction over the issues raised.
In October, the women took their appeal to the Utah Supreme Court. As of Thursday, the state's high court had yet to issue a decision.
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view all information sources Utah OB-GYN David Broadbent charged with forcible sexual abuse for 2020 patient exam
Publisher: Salt Lake Tribune
Date: 27 Jun 2024
Archive.org
Source type: News articleMore than 100 women have publicly accused the Utah County doctor of touching them inappropriately, but this is the first time he has faced a criminal charge.
Utah OB-GYN David Broadbent was charged Thursday with forcible sexual abuse, as prosecutors allege he sexually touched a patient during a 2020 exam.
Broadbent has been accused in civil lawsuits of inappropriately touching more than 100 patients during exams — but this is the first time Utah County prosecutors have filed a criminal charge against him. He faces a second-degree felony, which carries a potential penalty of up to 15 years in prison.
Deputy Utah County Attorney Tim Taylor, who is a spokesperson for the office, said Thursday that police and prosecutors are continuing to investigate and are still considering whether to file additional charges against the OB-GYN.
In charging records, prosecutors say one of Broadbent’s patients came to see him in 2020 regarding a bump in her vaginal area. Broadbent allegedly instructed the patient to undress from the waist down — but when he returned to the exam room after she changed, prosecutors say he lifted up her shirt and bra and touched her breasts. He then grabbed her leg “in what felt like a sexual manner,” prosecutors say, and began a vaginal examination.
An attorney representing Broadbent in his civil litigation did not immediately respond to a request for comment. No attorney is yet listed in his criminal case.
At least 49 women have reported to Provo Police that Broadbent sexually abused them during exams, and prosecutors have been weighing whether to file charges for 18 months. Earlier this month, the county attorney’s office received funding to pay for a nurse practitioner who specializes in sexual assault exams to review the evidence that prosecutors have, and to do research and advise them on what the “standard of care” is for an OB-GYN appointment.
Many of the women who reported to police allege 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. Other former patients, along with many of the women who went to police, have also sued Broadbent or the hospitals where he worked, with a total of nearly 120 women making sexual assault allegations in civil lawsuits.
Broadbent has agreed to stop practicing medicine while this criminal investigation is ongoing. As part of a separate civil case, Broadbent’s attorneys have said sexual assault allegations against him are “without merit.”
The woman whose report led to the criminal charge saw Broadbent in July 2020. A year and a half later, in December 2021, another former patient of Broadbent’s spoke out publicly on the podcast “Mormon Stories,” describing the painful way she said he had examined her years before and how it left her feeling traumatized.
After the podcast aired, women started coming forward publicly in civil lawsuits accusing Broadbent of inappropriate touching.
But in September 2022, a judge dismissed a case filed by 94 women when he ruled that it fell under medical malpractice law instead of a civil sexual assault claim, which meant it had faced — and missed — tighter filing deadlines. The women have appealed the ruling to the Utah Supreme Court, and have been waiting for seven months for its decision.
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view all information sources Dozens of women said a Provo OB-GYN sexually abused them. Now the Utah Supreme Court says they can sue him.Dozens of women said a Provo OB-GYN sexually abused them. Now the Utah Supreme Court says they can sue him.
Publisher: Salt Lake Tribune
Date: 8 Aug 2024
Archive.org
Source type: News articleDavid Broadbent was sued by 94 women, all of whom claim he sexually assaulted them during exams or while he delivered their babies.
Sexual assault is not health care, and it isn’t covered by Utah’s medical malpractice law, the Utah Supreme Court ruled in a Thursday decision — an order that revives a lawsuit filed by 94 women who allege their OB-GYN sexually abused them during exams or while he delivered their babies.
In 2022, the group of women sued David Broadbent and two hospitals where he had worked, wanting to seek civil damages. But a judge dismissed their case because he decided they had filed it incorrectly as a civil sexual assault claim, rather than a medical malpractice case.
They took their case to the Utah Supreme Court, where their attorneys argued that the judge made an error when he ruled that Utah’s medical malpractice law covers any act or treatment performed by any health care provider during a patient’s medical care. The women had all been seeking health care, Judge Robert Lunnen wrote, and Broadbent was providing that when the alleged assaults happened.
The high court disagreed with Lunnen, and ruled that Broadbent’s alleged conduct was not a part of the women’s health care — and therefore, not covered by Utah’s medical malpractice laws.
“Here, the [women] do not allege they were injured by any health care that Broadbent may have provided them,” Justice Paige Petersen wrote in the unanimous ruling. “Rather, they allege that he abused his position as their doctor to sexually assault them under the pretense of providing health care.”
freestar“The point of their claims is that his actions were not really health care at all,” Petersen added.
Adam Sorenson, an attorney for the women who sued, noted Thursday that it’s been almost two years since Lunnen threw out their case — which he said was a “sad and disappointing day.”
“But the Utah Supreme Court’s decision today affirms everything these women have said from the beginning, and tells every person in Utah that sexual abuse by a health care provider never has been, and never will be, ‘health care,’” he said.
“It is difficult to describe how good it is to hear that from our highest court,” he continued, “but any joy I feel is nothing compared to the women who suffered sexual abuse, [who] were told it was just health care, have fought for three years, and can now say that the law in Utah is on their side on this important issue.”
It matters whether their case is considered malpractice or a civil sex assault claim because many of Broadbent’s accusers could lose their chance to sue if they have to file a malpractice claim, as those lawsuits have to be filed within a shorter, two-year window of time. And even for those who would still be able to sue, malpractice law also limits how much money they could receive for pain and suffering.
freestarWith the Utah Supreme Court’s decision, the case now returns to Lunnen’s courtroom and the women can move forward with their lawsuit.
The women’s lawsuit alleges Broadbent inappropriately touched their breasts, vaginas and rectums, without warning or explanation, and hurt them. Some said he used his bare hand — instead of using a speculum or wearing gloves — during exams. One alleged that she saw he had an erection while he was touching her.
An attorney for Broadbent has denied these women’s allegations, saying they are “without merit.” The OB-GYN agreed last year to stop practicing medicine while police and prosecutors investigate.
He was charged last month with one count of forcible sexual abuse, and prosecutors say their investigation is continuing. Broadbent is expected to make his first court appearance Monday.
The women’s lawsuit changed Utah law last year, after state legislators clarified that the medical malpractice act does not cover sexual assault. But the law change was not retroactive, so it didn’t help this group of women. Their hope lay instead with the Utah Supreme Court.
freestarThe women’s attorneys had argued that his clients were not complaining that they received improper or unnecessary medical care — the types of complaints that generally are considered medical malpractice. They allege they were assaulted.
Attorneys for Broadbent and the hospitals argued to the Utah Supreme Court that Lunnen properly ruled that the exams the women described “arose” out of health care treatments, and therefore, were covered by Utah’s medical malpractice law.
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view all information sources Provo gynecologist faces new felony rape charge in ongoing sexual abuse case
Publisher: ABC4
Date: 13 Nov 2024
Archive.org
Source type: News articleSALT LAKE CITY (ABC4) — A Provo gynecologist is now facing an additional felony charge in an ongoing sexual abuse case involving a former patient, according to charging documents.
David Broadbent, 77, was charged earlier this year with forcible sexual abuse for an alleged 2020 incident involving a female patient. On Friday, Nov. 8, he was charged with an additional felony count of object rape regarding an examination that he did on the same patient a few months later.
The victim told Provo police that Broadbent grabbed her in areas unrelated to the exam during a July doctor’s appointment in 2020, leading to the first charge. The patient then returned for a pap smear in October when he allegedly inserted the swab for more than 100 seconds, “an amount of time far in excess of what was required,” court documents claim.
Broadbent was last seen in the courtroom on Nov. 4 for the first half of his preliminary hearing. He will return on Nov. 26 to continue with the proceedings. The judge will then determine if the prosecution presented sufficient evidence to go to trial.
If he is convicted, Broadbent could spend one to 15 years in prison for the first charge. The second charge carries a greater punishment of five years to life in prison.
Broadbent is facing sexual abuse allegations from more than 200 women in a separate civil lawsuit, according to a press release. The number of victims who have come forward with allegations has steadily grown since the civil lawsuit was filed in 2022. The criminal case involves only one woman.
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