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Attorney questions whether Utah County will bring criminal charges against former doctor

By Genelle Pugmire - | Aug 30, 2023

Harrison Epstein, Daily Herald file photo

The sign for David Broadbent's office in the North University Medical & Dental facility in Provo is shown Thursday, March 17, 2022.

For more than 20 months, scores of ex-patients of Dr. David Broadbent have come forward with accusations of physical and sexual abuse performed on them by the former Provo OB-GYN during regular medical visits. But for each of them, legal acknowledgement of the crimes they claim occurred has proven elusive.

On Oct. 4, 2022, 4th District Court Judge Robert Lunnen dismissed a class-action lawsuit against Broadbent — filed in February of that year and signed onto by more than 80 women — accusing him of sexual abuse and sexual battery of female patients. Lunnen said he believed the case should have been tried as a medical malpractice suit and said pre-litigation procedures were not done correctly.

Each of the women — now numbering nearly 300 — has taken their stories to Provo police investigators. If those investigations prove worthy of more attention, they are turned over to the Utah County Attorney’s Office.

But so far, no formal charges have arisen, leaving the alleged victims and their attorneys increasingly frustrated.

According to attorney Eric Neilson, nothing yet has come forward from the county as whether the women will have their day in court.

Last October, Nielson asked the Utah County Attorney’s Office, at the time headed by David Leavitt, why it wasn’t pursuing a criminal case against the doctor.

“We’re still waiting for additional information,” Tim Taylor, the attorney’s office chief of staff, wrote in response.

On Friday, Nielson — frustrated with the lack of movement on the case — sent another letter to new Utah County Attorney Jeff Gray asking why nothing has been done. Still, he waits for an answer.

In the preceding months, the county’s investigation had been done by attorney Christine Scott, but recently she has been replaced by attorney Mary O’Bryant.

In his letter, Nielson articulated his grievances related to the delay in pursuing criminal charges for the alleged misbehavior, writing, “We have sent you the police files and medical records of these women. We have also provided detailed information regarding Dr. Broadbent’s breaches of the standards of professional conduct as set forth by the American College of Obstetrics and Gynecology and the Federation of State Medical Boards regarding sexual impropriety, not to mention his violations of state law regarding sexual assault.”

Records on police investigations continue to come into the county offices.

“We are screening everything coming in the office,” Taylor said. If a pattern of conduct is seen, he said, they will seek criminal charges — but they appear to not have seen enough.

Nielson, in an October 2022 letter, indicated that many of his clients came forward in March and April 2022 to describe their alleged experiences to the Provo Police Department.

Referring to the many women who say they were violated during their obstetrical exams, Nielson said, “These victims live with the humiliation and shame of what happened to them every day. They are entitled to know that their elected representatives are not going to let Dr. Broadbent get away with this.”

According to Nielson, Broadbent surrendered his medical license to the state within weeks of the initial accusations.

“These women are still waiting to see Dr. Broadbent brought to justice. It is not enough to say that Dr. Broadbent has been punished by the removal of his medical license. Justice demands vigorous criminal prosecution,” Nielson said in his letter.

The majority of the women involved in this case are former Brigham Young University students, many of them are Hispanic.

Nielson is worried the county attorney is just going to sit on the case, citing similar national cases like those of New York Dr. Robert Hadden, whose case was ignored for years and was recently sentenced to a lengthy prison term, and Larry Nasser, the Michigan State University predator who victimized many gymnasts on the U.S. Olympic team for several years.

He asked in his most recent letter that the county attorney’s office let him know when charges will be bought against Broadbent.

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