UTAH COUNTY, Utah (ABC4) – A judge has dismissed a lawsuit against a Utah gynecologist involving over 100 women who claim they were sexually assaulted while under his medical care.
A judge reportedly dismissed the case against the OB-GYN out of Provo, Dr. David Broadbent, for the reason that the case should be considered a “medical malpractice action,” with the alleged incidents occurring while the victims were receiving medical care.
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.
The dismissal comes despite the statement that “the allegations paint a particularly appalling view of Dr. Broadbent and his conduct as an OB-GYN,” according to an analysis by the court. The analysis continues to state, “Dr. Broadbent’s treatment of his patients is insensitive, disrespectful and degrading.”
However, the court expresses that their decision is based upon whether the allegations form a medical malpractice action.
In the lawsuit that has now been dismissed, the causes of action brought forth by the alleged victims against Broadbent included Sexual Battery and Sexual Assault.
The allegations were said to have occurred over the course of four decades, beginning in the 80s, court records state.
Court documents describe numerous incidents of sexual assault, but it wasn’t until December 2021, when one of Broadbent’s victims talked about her experience on a podcast, that a number of other women reportedly came forward with accounts of sexual abuse by Broadbent.
According to the lawsuit, Broadbent concealed his sexual misconduct “under the guise of medically necessary care and hid behind the protected positions of authority and trust inherently given to physicians.”
Through his misconduct, Broadbent allegedly created doubt and uncertainty in the minds of his victims, causing them to be unable to recognize the sexual misconduct for what it was, court records state.
Officials say that Broadbent’s victims stem from a number of different states, including Utah, Colorado, Arizona, Kentucky, Idaho, Virginia, Nebraska, Maryland, Minnesota, and North Carolina.
The court ultimately determined that Broadbent’s alleged actions “form a medical malpractice action,” granting the motions to dismiss.