David Broadbent, a Utah-based OB-GYN, has been accused by 94 women of sexual assault, but a civil case to be heard on Friday by the Utah Supreme Court could decide that the case must be governed by medical malpractice rules rather than those that apply to cases of sexual assault, denying many of his accusers a chance to sue, report Adriana Gallardo and Jessica Miller for ProPublica and the Salt Lake Tribune.
Under Utah’s medical malpractice rules too much time has passed. In their initial lawsuit, 94 women alleged Broadbent inappropriately touched their breasts, vaginas and rectums, without warning or explanation, and hurt them, sometimes even using his. One alleged that she saw he had an erection while he was touching her. They want to sue him and two of the hospitals where he delivered some of their babies for civil damages. The case will decide whether to reverse a judge’s ruling that had previously dismissed it. Broadbent has agreed to stop practicing while police and prosecutors investigate.