The Utah Supreme Court overturned a lower court's dismissal of a sexual assault lawsuit against former Provo obstetrician-gynecologist Dr. David Broadbent, allo
of a sexual assault lawsuit against former Provo obstetrician-gynecologist Dr. David Broadbent , allowing over 100 women to pursue their claims outside the framework of medical malpractice .
In September of that year, Broadbent's attorneys argued the allegations in the civil lawsuit were actually a medical malpractice action. That would have required the plaintiffs to pursue their claims through different avenues, beginning with a notice of intent to the state's department that oversees medical licensing.
Justice Petersen, writing for the court, stated, "Sexual assault does not fall within the scope of medical treatment regardless of whether it is perpetrated by a podiatrist or an OB-GYN."KEY POINTS OF THE RULING For an act to be considered health care, it must have a conceivable medical purpose and fall within the scope of prescribed treatment.
Sexual Assault Dr. David Broadbent OB-GYN Lawsuit Medical Malpractice Justice Petersen Provo
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