Sexual harassment is not health care and is not covered by Utah’s medical malpractice law, the Utah Supreme Court ruled in a decision Thursday, reviving a lawsuit filed by 94 women who claim their gynecologist sexually abused them during exams or the delivery of their babies.
In 2022, the women’s group sued David Broadbent and two hospitals where he had worked, seeking civil damages. However, a judge dismissed their lawsuit because they had mistakenly filed it as a civil sexual assault lawsuit rather than a medical malpractice case.
They took their case to Utah’s Supreme Court, where their lawyers argued that the judge erred in ruling that Utah’s medical malpractice law covers any act or treatment performed by a health care provider while providing medical care to a patient. The women had all sought medical care, Judge Robert Lunnen wrote, and Broadbent had provided it when the alleged assaults occurred.
The Supreme Court disagreed with Lunnen and ruled that Broadbent’s alleged conduct was not part of the women’s health care – and therefore did not fall under Utah’s medical malpractice law.
“Here, the (women) do not allege that they were harmed by any medical treatment Broadbent may have provided to them,” Judge Paige Petersen wrote in the unanimous ruling. “Rather, they allege that he abused his position as their physician to sexually assault them under the guise of providing medical treatment.”
“The crux of their allegations is that his actions were not health care at all,” Petersen added.
Stephanie Mateer was the first woman to speak publicly about Broadbent, detailing her experience on the 2021 podcast “Mormon Stories.” In the episode, she described how painful his examination of her was, how traumatized she was afterward, and how she came across reviews online that reflected her experiences.
She said Thursday she cried “tears of relief” when she read the Utah Supreme Court’s ruling and expressed hope it would give other alleged victims the courage to speak out and seek justice on their own.
“This decision confirms the obvious fact that sexual assault is not health care,” she said. “It also strips the protections of the Medical Malpractice Act from sex offenders who attack patients under the guise of medical treatment.”
Adam Sorenson, an attorney for the women suing, pointed out Thursday that it has been nearly two years since Lunnen dismissed their lawsuit – which he said was a “sad and disappointing day.”
“But today’s decision by the Utah Supreme Court affirms everything these women have said from the beginning and tells all Utahns that sexual abuse by a health care provider was never and never will be ‘health care,'” he said.
“It’s hard to describe how good it is to hear this from our highest court,” he continued, “but any joy I feel is nothing compared to the women who have suffered sexual abuse, who were told it was just health care, who fought for three years and can now say that the law in Utah is on their side on this important issue.”
Broadbent’s attorney did not respond to a request for comment Thursday. Neither Utah Valley Hospital nor Mountainstar Health, which owns Timpanogos Hospital, responded to the ruling in statements released Thursday. Both hospitals are named as defendants in the lawsuit, and both stressed that while Broadbent was authorized to practice at their facilities, he was not an employee.
Whether her case is classified as medical malpractice or a civil sexual assault lawsuit is important because many of Broadbent’s accusers could lose their chance to sue if they were forced to file a medical malpractice lawsuit, since those lawsuits must be filed within a shorter two-year time frame. And even for those who could still sue, medical malpractice law also limits the amount of damages they can receive.
With the Utah Supreme Court’s decision, the case now goes back to Lunnen’s courtroom and the women can proceed with their lawsuit.
The women’s lawsuit alleges that Broadbent inappropriately touched and hurt their breasts, vaginas and rectums without warning or explanation. Some said he used his bare hand during examinations – rather than using a speculum or wearing gloves. One claimed she saw he had an erection while he was touching her.
A lawyer for Broadbent has denied the women’s allegations, saying they are “baseless.” The gynecologist agreed last year to stop practicing medicine while police and prosecutors investigate.
He was accused of sexual abuse last month, and prosecutors said the investigation is ongoing. Broadbent is expected to make his first court appearance on Monday.
The women’s lawsuit changed Utah law last year after state lawmakers clarified that sexual assault was not covered by medical malpractice law. However, the change in the law was not retroactive and therefore did not help this group of women. Their hopes rested instead on the Utah Supreme Court.
The women’s lawyers had argued that his clients had not complained about improper or unnecessary medical care – complaints that are generally considered medical malpractice – and they claim they were attacked.
Attorneys for Broadbent and the hospitals argued before the Utah Supreme Court that Lunnen correctly ruled that the tests the women described were “arising” in the course of health care treatment and therefore fell under Utah medical malpractice law.
