A sexual abuse case against Provo, UT OB/GYN, Dr. David Broadbent, was initially filed Feb. 15, 2022. The lawsuit is a civil matter and claims Dr. Broadbent took advantage of his position, of patient vulnerability, and the relationship of trust–and that he sexually battered and abused the women over the course of four decades.
Since the legal filing, multiple victims have come forward and joined the suit, and new rulings by the court have changed the scope of the case.
What Are the Sexual Assault Allegations in the Provo OB/GYN Lawsuit?
Sexual assault allegations detailed in the lawsuit accuse Broadbent of “sexual battery, sexual assault, and intentional emotional distress.”
Allegations from multiple women state that “he touched them inappropriately or without warning, took actions that were not medically necessary for his own sexual gratification, and made inappropriate sexual comments.”
Intermountain Healthcare and Mountainstar Healthcare are also named in the suit, with the victims accusing them of “negligent supervision and negligent infliction of emotional distress” while Broadbent provided care at their facilities.
Who Are the Gynecologist Sexual Assault Victims in the Case?
Initially, five women came forward to make the sexual assault allegations against Dr. Broadbent. Each of the original five is cited in the case as “Jane Doe,” followed by their initials. Each of the victims offered a detailed narrative of sexually inappropriate touching, unnecessary procedures that were sexual in nature and performed with no warning or explanation, and sexually inappropriate remarks.
As media coverage of the case expanded, more of Dr. Broadbent’s alleged victims stepped forward. As of October 2022, attorneys represented nearly 100 victims alleging sexual assault at the hands of Dr. David Broadbent. The attorneys believe they could ultimately represent as many as 200 women.
Why Was the Lawsuit Dismissed by a Utah Judge?
Dr. Broadbent’s attorneys petitioned the court for the dismissal of the case. On Sept. 24, 2022, 4th District Judge Robert C. Lunnen did just that.
The Judge explained to the court, “It is an understatement to refer to the events as appalling. Dr. Broadbent’s treatment of his patients is insensitive, disrespectful, and degrading.”
However, according to the Utah Code, any legal action taken against a health care provider is considered medical malpractice, and as such, the 4th District Court does not have jurisdiction. As a result, the victims’ attorneys must file a medical malpractice suit against Broadbent if they wish to seek relief.
How Are Attorneys Moving Forward With the OB/GYN Sexual Assault Case Against Broadbent?
Attorney Adam Sorenson, who represents a number of the women, plans to appeal the decision, asserting that the 4th District Court is, in fact, the proper venue for the case. Said Sorenson, “It’s frustrating for (the women) to finally come forward and share their experience of abuse and be told, ‘It’s health care.’
If the Supreme Court upholds the dismissal, Sorenson and other attorneys will have to proceed with the medical malpractice lawsuit and the women who fit the criteria. (To qualify, the women would have had to have seen Broadbent within the last two years or the last four years if they can prove that they didn’t know it was abuse at the time.)
In the meantime, attorney Eric Nielson, who represents more than 20 of the women, sent a letter to the Utah County Attorney’s Office inquiring why Broadbent hasn’t been criminally charged. The County Attorney’s Office claims to lack background on the case as the sexual assault allegations were not referred to their office by the Provo police department.
At Pintas & Mullins, We Want To Make Sure Your Voice Is Heard
If you were a victim of sexual assault, you may wish to consult with an attorney. Call Pintas & Mullins Law Firm at (800) 219-9622 and tell us about your experience. We’re here to listen, to help, and most importantly, to make sure your voice is heard.