Utah Supreme Court hears arguments in Provo OBGYN sexual assault case

Oct 20, 2023, 4:18 PM | Updated: 5:32 pm

PROVO — The Utah Supreme Court heard oral arguments Friday on whether a case involving an obstetrician-gynecologist should be treated as medical malpractice.

Dozens of accusers showed up in unity, asserting that Provo OBGYN David Broadbent should be held accountable for his actions. They insist that the appropriate course of action is to proceed with this case as a sexual assault case rather than medical malpractice.

This development comes after more than 130 women came forward in a sexual assault lawsuit that was dismissed approximately a year ago. Friday, 94 accusers showed up to support their claim that Broadbent sexually assaulted them in the exam room. The cases involve inappropriate touching and inappropriate conversations.

Jenny Provance, an accuser, said, “You’re feeling the trauma coming up, and at the same time, you’re feeling the strength of gathering with others because sexual assault and the PTSD that comes with that is very isolating. Often, you feel alone. But when you see these other women, you know you’re not alone.”

Stephanie Mateer, another accuser, remarked, “I was stressed at first hearing some of the questions from the judges and things like that, just about how they were interpreting the law and how they might rule. But as the case went on, I got more and more confident that they are going to see this our way and they know sexual assault is not healthcare and should not be considered as such.”

Dr. David Broadben's office

This file photo shows Dr. David Broadbent’s closed office in Provo. (KSL TV)

Since the statute of limitations differs for medical malpractice, that type of case would reduce from well over a hundred accusers to maybe less than a dozen. The question remains: should this case be tried as a malpractice action against a healthcare provider or as a sexual assault case?

The accusers claimed it should be a sexual assault case because the abuse they suffered was not related to medical care.

It could be months before a decision is reached on whether the case will be heard as a sexual assault lawsuit.

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Utah Supreme Court hears arguments in Provo OBGYN sexual assault case