Community Medical Center photographed on January 17, 2021. (Photo by Tommy Martino)

More than a dozen women who say they were sexually assaulted by a doctor at a Missoula health center say they have begun the process of suing Community Medical Center by going through the Montana Medical Legal Panel, a necessary step before to sue the hospital.

That panel, which has been in place for more than 50 years, is nonbinding and confidential, and is one of the steps plaintiffs must take to bring a full case against the health center.

Kasodie West, an attorney at AVA Law Group, said he represents 20 women who claim to be victimized by Dr. Tyler Hursta former emergency department physician. She said that for years, the women tried to complain and inform hospital officials about Hurst’s behavior, but it was ignored until 2024.

West said Hurst, who is also awaiting trial on seven counts of felony sexual assault, would victimize the women, first assisting them with a nurse or other staff member present, but would turn back, often locking the door and then sexually assaulted them. . West said he would fit a pattern of abuse by rooting for Native American women or those who have struggled with addiction, telling some of them who confronted him that no one would believe them.

“Clearly nothing was done,” West said. “Some have called, others have written letters, but they have not received any response. I don’t know why they protected him.”

Megan Condra, director of communications for Community Medical Center, said she had not seen the specific allegations and said the hospital is cooperating fully with the investigations centered on Hurst.

“When Community Medical Center was notified earlier this year of a patient allegation regarding Dr. Tyler Hurst, an independent physician, I immediately removed Dr. Hurst from the unit. We have zero tolerance for inappropriate behavior toward our patients,” Condra said in a statement to the Daily Montanan. “To the extent that the allegations against Dr. Hurst are true, he has taken advantage of the trust placed in him by our patients, our staff and our community. When a predator evades policies and procedures and takes advantage of the access they gain in healthcare settings, they should be prosecuted to the fullest extent of the law. We are fully cooperating with these efforts and our team continues to work closely with all relevant agencies to ensure full accountability.”

West said that as time went on, Hurst’s actions became bolder and more aggressive. For example, he would perform a breast exam on a woman who came in with ankle pain or prescribe a large dose of pain medication before touching a woman.

“They would tell them that no one would believe them because they were drug addicts or Indian,” West said.

West said the women tried to report the incidents to staff members, including the human resources department, but were often disappointed because the person they were supposed to speak to was never available or did not return calls. West said the pattern shows that Community Medical Center tried to avoid dealing with knowledge that Hurst was acting inappropriately and illegally.

“CMC Hospital may have been grossly negligent in not only failing to take decisive action after several complaints were raised against Dr. Hurst, but also in choosing to keep him in the job,” West said. “By overlooking these repeated allegations and allowing the practice to continue, CMC and its private equity-backed owners may have demonstrated a profound disregard for patient safety and well-being.”

The complaint will now move to the Montana Medical Legal Panel. That commission will make a decision, but the outcome will be kept confidential and not admissible in court. However, West said such a panel serves as a barrier to deter victims from seeking out large healthcare providers or doctors.

“These procedures … serve only one purpose — to deter injured patients from seeking justice against health care providers,” West said. “However, despite these obstacles, these 14 women are determined. They refuse to be silenced or discouraged from the path to justice.”

If convicted of the criminal charges, Hurst could face 85 years to life in prison.

West said this while 14 women are on trial and lawsuits against Hurst and CMC, there are 20 victims in total, a number that matches the total number of victims identified by Missoula County. West explained that some of the incidents do not fall within the state’s statute of limitations and are not eligible for legal recourse through the justice system.

Hurst was employed at CMC until 2024. He is no longer a licensed physician in Montana.

“They do it because they don’t want it to happen to another woman,” West said. “They want everyone involved to be held accountable and put an end to it.”