Court says sexual assault is not ‘medical treatment,’ revives lawsuit of 94 patients who say OB-GYN molested them during exams and deliveries

The Utah Supreme Court hears oral arguments in Jane Does v. Broadbent.

Clockwise from top left: Utah Court of Appeals Judge John A. Pearce; Utah Supreme Court Justice Paige Petersen; Utah Supreme Court Associate Chief Justice John Pearce; judges hear oral arguments in the case of Jane Doe v. Broadbent; Utah Court of Appeals Judge Gregory Orme; Utah Court of Appeals Judge Gregory Orme (Utah Supreme Court).

The Supreme Court of Utah has ruled that sexual assault is not “health care” and revived a lawsuit filed by 94 women who allege their OB-GYN sexually abused them during medical exams or while delivering their babies.

The group of patients sued Dr. David Broadbent and two hospitals in 2022 for civil sexual assault. However, trial judge Robert Lunnen dismissed the case on the grounds that it should have been filed as medical malpractice case, because the women had been receiving health care when the alleged assaults occurred. Under state law, medical malpractice cases are required to take certain steps prior to litigation, such as notifying the doctor and attending a pre-litigation panel to attempt to resolve the claim.

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