Dr. David Broadbent and two hospitals were sued after 94 women alleged Broadbent sexually abused them during medical exams and childbirth. The judge initially dismissed the case saying the plaintiffs should have filed it as a medical malpractice claim, not a sexual assault claim. A malpractice claim has special rules that must be followed that are inapplicable to sexual assault cases. The Utah Supreme Court disagreed with the lower court ruling and reinstated the case. The court ruled that Broadbent’s actions were not a part of the “medical care” and therefore would not be covered by medical malpractice laws and procedures.
Since the lawsuit, Dr. Broadbent has stopped practicing and is reportedly facing criminal charges.
The decision by the Utah Supreme Court allows the lawsuit to move forward. Although this ruling only applies to cases in Utah, it may be persuasive in other states, like Georgia.