The Utah Supreme Court has reignited a sexual assault lawsuit involving a Provo obstetrician-gynecologist, Dr. David Broadbent, and two healthcare systems.
Fox 13 reported that the court's decision enables over 94 women to proceed with their legal actions against Dr. Broadbent, challenging a previous dismissal by a lower court.
Brooke Heath was admitted to Utah Valley Hospital in 2008 for premature labor, where Dr. Broadbent, the on-duty physician, treated her. Heath did not select Dr. Broadbent herself; he was simply the assigned doctor on duty.
Accusations against Dr. Broadbent span several decades and involve over 94 women who claim he committed sexual assaults during medical examinations. These assaults reportedly occurred during and after childbirth, affecting victims as young as nineteen, many of whom were unaware of what constitutes a proper medical exam.
A previous ruling dismissed the lawsuit, contending it should have been categorized as a medical malpractice case, thereby restricting the time frame and potential financial redress. However, the Utah Supreme Court overruled this judgment on Thursday, stating the claims were outside the scope of the state's Malpractice Act.
Attorney Terry Rooney, representing the plaintiffs, believes the number of women involved could exceed 200 when the case is refiled. "It's pretty powerful to hear story after story after story that's told to you independently that has a pattern to it," Rooney remarked.
Justice Petersen of the Utah Supreme Court clarified that the Malpractice Act is not applicable because the claims are not related to the healthcare provided by Dr. Broadbent. This distinction was critical in the court's decision to revive the lawsuit.
Heath emphasized the case's broader implications, noting, "It's important to note that there are three defendants in this case. Our goal is to hold them all accountable for their actions and lack thereof."
There are three defendants in the case: Dr. Broadbent, Intermountain Healthcare, and MountainStar Health Care. Dr. Broadbent has denied all wrongdoing but has agreed to cease practicing medicine while the case is active.
MountainStar Healthcare issued a statement expressing sympathy for the victims. They emphasized that Dr. Broadbent was not employed by or authorized to see patients at their Timpanogos Regional Hospital facility.
MountainStar clarified, "To our knowledge, there were no allegations of inappropriate conduct reported to our facility regarding this physician, and as such our position since this lawsuit was filed has been that we were inappropriately named in the suit." MountainStar also highlighted that Dr. Broadbent operated out of a private clinic in Provo.
Utah Valley Hospital confirmed that Dr. Broadbent was never an employee. They took immediate actions upon learning of the lawsuit, stating, "When the hospital learned of this lawsuit, Dr. Broadbent’s hospital staff privileges were immediately suspended and then terminated."
This case highlights significant concerns about accountability within the healthcare system. With the lawsuit moving forward, affected women might see justice served after years of struggling in silence.
Heath's experience underscores a common theme among many plaintiffs: feeling assigned without choice and later realizing the doctor had overstepped professional boundaries.
The acknowledgment of this pattern by the state's top court marks a pivotal moment in the ongoing pursuit of justice.
As the story unfolds, the healthcare landscape in Utah could see substantial changes in terms of how medical professionals are scrutinized and held accountable.
The outcome of this case might set a precedent for future actions against medical professionals accused of similar misconduct.
The revived lawsuit serves as a potent reminder of the severe impact such allegations can have on victims and institutions alike, paving the way for broader discussions about patient safety and rights.
