On October 4, 2022, Fourth District Court Judge Robert Lunnen dismissal of a class action against Dr. David Broadbent, a Provo obstetrics and gynecology specialist has been accused of sexually abusing female patients. Out of stock 80 women first signed in court.
Lunnen did so because he believed the charges should have been medical claims and that the court process was not fair.
Currently, attorney Eric Nielson is representing more than 20 “Jane Does” — along with other attorneys representing perhaps up to 200 other women — in filing a lawsuit against Broadbent, Nielson told the Daily Herald.
Nielson sent a letter to Utah County District Attorney Jeff Gray on Wednesday, questioning why the agency has not filed criminal charges against Broadbent.
“My clients are some of the most disempowered people in our society – many don’t speak English and don’t have health insurance,” Nielson wrote. “Yes, you will fulfill your oath as a public prosecutor if you decide to sue Dr. Broadbent.”
When asked about Nielson’s letter and the decision not to prosecute Broadbent, representatives of the Utah District Attorney’s Office were vague and lacked background on the matter.
“We’re still waiting for additional information,” said Tim Taylor, the attorney general’s office.
District Attorney David Leavitt said the case was not brought to his office by the Provo police.
In his book, Nielson argued the charges against Broadbent by quoting policy from the American College of Obstetrics and Gynecologists. ACOG is the only professional organization for OB/GYNs and is widely regarded as the “authoritative body” for the specialty.
ACOG Recommendation No. 796 states, “Physician misconduct – an abuse of authority and breach of trust.” c. Sexual or sexual relations between a doctor – doctor and a current patient are unusual, grounds for investigation and punishment, and in some cases should be considered for criminal charges.
ACOG also states that Obstetrician-gynecologists should report sexual misconduct or suspected sexual misconduct by any health care practitioner to appropriate authorities, such as supervisors, department chairs or other organizational officers, peer review organizations and licensing boards. professional.
Nielson revealed that many of his clients came forward in March and April 2022 to report their experiences to the Provo Police Department.
“The experience was very disturbing. The investigating officers downplayed their complaints. They were disappointed,” Nielson wrote. He added that officers asked a series of questions that clinets found offensive including “Why didn’t you come to us sooner?” and “How do you know this isn’t just a routine pelvic exam?”
According to the ACOG guidelines, “Sexually inappropriate behavior may include conduct, gestures, or expressions that are suggestive, sexually suggestive, disrespectful of the patient’s privacy, or sexually offensive to a patient who may include, but not be limited to, the following:
- Conducting a close examination or interview without proper authorization or consent;
- Examination or touching of bloody mucosal surfaces without the use of gloves;
- Making inappropriate comments about the patient, including but not limited to, making sexual comments about the patient’s body or clothing, making sexually harassing or sexually harassing a patient, criticizing the patient, making clinically inappropriate statements about sexual activity. during an exam.”
Jane Does accused Broadbent of violating all these procedures.
Nielson’s letter to Gray stated that Broadbent, among other things, used deep vein injection and fat tests on patients. Patients said that Broadbent was so strict with his tests that he left his patients bleeding.
“This book is not a proper publication to delve into the individual medical history of each person I represent. I think you get the idea. Dr. Broadbent engaged in a pattern of behavior that clearly shows an aim to obtain sexual satisfaction during these tests rather than the aim to collect useful information about his patients. His battery is going away, not to find cancer,” the letter said Nileson.
He added that Broadbent allegedly surrendered his medical license in the State of Utah within weeks of the initial allegations.
“People who are victims of sexual violence live with the humiliation and shame of what happened to them every day. They deserve to know that their elected representatives will not allow Dr. Broadbent to get out of this, “said Nielson. “They should know that similar behavior of other health care people will be disturbed in a very strong way. They want to know that their daughters, sisters, and friends will be protected from having to deal with this in the future.”
Nielson informed Gray that he and others intended to prosecute Broadbent to the fullest extent of the civil law.