94 women sue OB-GYN for sexual assault, judge tosses case

(NewsNation) — Warning: This report talks about sexual abuse and assault. Anyone in need of services can contact the National Sexual Assault Hotline at 800-656-4673 or visit the Rape, Abuse and Incest National Network at www.rainn.org for additional resources.

An OB-GYN in Utah accused of sexual assault by nearly 100 women may avoid accountability after a judge threw out their lawsuit.

A total of 94 women, including a mother who spoke with NewsNation host Dan Abrams, allege they were sexually assaulted by Dr. David Broadbent while receiving medical care in Utah.

During her pregnancy in 2018, “Brooke” went into premature labor at about 33 weeks. An ambulance rushed her to Utah Valley Hospital in Provo, where she would end up having her first child. Before her bundle of joy arrived, she says the doctor on duty, Broadbent, sexually assaulted her.

“I had only been there about two hours when he was saying he needed to do an exam on me. Within that time, he did sexually assault me,” Brooke told Abrams. “At that time, it was my first child. I didn’t know what was considered normal.”

Brooke says she second-guessed herself at first, thinking maybe it wasn’t as bad as it had seemed to her since both her husband and brother-in-law were both in the room during the alleged incident. Fearful it could impact the medical care she needed, Brooke hid what happened at first.

“When it initially happened, it felt wrong. I didn’t feel comfortable,” Brooke said. “When I talked to my husband, we both decided that if we brought it up, it could impede the care of my unborn child, so we decided not to mention it.”

From there, each time Broadbent would enter her hospital room, Brooke says she started to experience strong contractions and severe anxiety. She remained at the hospital for roughly a week and at one point brought her concern to one of her nurses.

“One of the nurses that I really enjoyed came in, and I asked her if that was normal. She went and got a nurse manager and they told me they would escalate it and I could have a different doctor for the remainder of my time at the hospital,” Brooke explained.

When she heard of other women’s similar stories with the doctor, Brooke says she was “blown away.”

“It also validated that I wasn’t wrong, that it wasn’t something that I made bigger in my head,” she said.

Attorney Anthony DiPietro represents the 94 women coming together against Broadbent in the suit filed last year. DiPietro says defense lawyers for the medical institutions affiliated or previously associated with Broadbent raised the question with the court, suggesting the sexual abuse lawsuit should be considered a medical malpractice case.

DiPietro explained: “There was some ambiguity in the law about whether or not sexual abuse is medical care in Utah. That’s what the initial trial judge decided.”

“It’s not medical malpractice,” DiPietro continued, later adding: “As we all know, sexual abuse is not a form of medical care.”

DiPietro thinks it was a legal tactic used because medical malpractice cases have a shorter statute of limitations in Utah. He says the law regarding sexual abuse and medical malpractice has since been clarified for future proceedings.

According to DiPietro, there were multiple complaints about Broadbent throughout his tenure that would usually be dismissed.

“The institution would do what other institutions in this situation have done, which is lie to patients, gaslight and cover it up. Covering up a crime is a crime itself,” DiPietro said.

ProPublica reports that after the suit was filed against Broadbent, now 75, he lost his privileges at hospitals where he worked, voluntarily put his medical license on hold, and is under investigation by police for more than two dozen reports of sexual assault.

In a statement to ProPublica, Broadbent’s attorney said: “We believe that the allegations against Dr. Broadbent are without merit and will present our case in court. Given that this is an active legal matter, we will not be sharing any details outside the courtroom.”

DiPietro expects Broadbent to be criminally charged. They appealed the ruling on the case to the Utah Supreme Court, which has agreed to hear it.