Case against doc thrown out
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94 Women Allege a Utah Doctor Sexually Assaulted Them
At 19 years old and about to be married, Stephanie Mateer went to an OB-GYN within walking distance of her student housing near Brigham Young University in Provo, Utah.
She wanted to start using birth control, and she was looking for guidance about having sex for the first time on her 2008 wedding night.
Mateer was shocked, she said, when Dr. David Broadbent reached under her gown to grab and squeeze her breasts, started a vaginal exam without warning, then followed it with an extremely painful examination of her rectum.Filing their case, which alleged the Utah County doctor sexually assaulted them over the span of his 47-year career, was an empowering moment, Mateer said. But a judge threw out the lawsuit without even considering the merits, determining that because their alleged assailant is a doctor, the case must be governed by medical malpractice rules rather than those that apply to cases of sexual assault.
Under Utah's rules of medical malpractice, claims made by victims who allege a health care worker sexually assaulted them are literally worth less than lawsuits brought by someone who was assaulted in other settings — even if a jury rules in their favor, a judge is required to limit how much money they receive. And they must meet a shorter filing deadline.
"It's just crazy that a doctor can sexually assault women and then be protected by the white coat," Mateer said. "It's just a really scary precedent to be calling sexual assault 'health care.'"
Because of the judge's ruling that leaves them with a shorter window in which to file, some of Broadbent's accusers stand to lose their chance to sue. Others were already past that deadline but had hoped to take advantage of an exception that allows a plaintiff to sue if they can prove that the person who harmed them had covered up the wrongdoing and if they discovered they had been hurt within the previous year.
As a group, the women are appealing the ruling to the Utah Supreme Court, which has agreed to hear the case. This decision will set a precedent for future sexual assault victims in Utah.There's a lot more at the link, but this is the gist of the case(s).
