Does v. Broadbent, et al.

Overview

(Supreme Court of Utah, August 8, 2024): The Supreme Court of Utah held that the state’s Health Care Malpractice Act did not apply to plaintiffs’ claims of sexual battery, sexual assault, and intentional infliction of emotional distress against their former health care provider,  obstetrician-gynecologist Dr. Broadbent. The Malpractice Act applies to claims alleging “personal  injuries relating  to  or  arising  out  of health  care rendered.” The plaintiffs allege that Dr. Broadbent engaged in inappropriate conduct during medical appointments under the guise of providing medical care. The trial court had dismissed the plaintiffs’ claims, concluding that the Malpractice Act applied and that the plaintiffs failed to take required pre-litigation steps prior to filing suit. The Supreme Court reversed, holding that the Malpractice Act did not apply because the alleged acts served no medical purpose and could not be considered medical treatment, even though they occurred during medical appointments. As a result, the plaintiffs were not required to meet the requirements of the Malpractice Act. Read the full Opinion here.  

View all cases in the Judicial Trends in Public Health – November 18, 2024.

View all cases under “Mitigating the Incidence and Severity of Injuries and Other Harms”