Community Medical Center pictured on January 17, 2021. ( Photo by Tommy Martino)
More than a dozen women who said they were sexually assaulted by a doctor at a Missoula healthcare center said they’ve begun the process of suing Community Medical Center by going through the Montana Medical Legal Panel, a necessary step before suing the hospital.
That panel, established more than 50 years, is non-binding and confidential and one of the steps that the plaintiffs must complete to fully bring a case against the healthcare center.
Kasodie West, an attorney with AVA Law Group, said that she’s representing 20 women who claim they were victimized by Dr. Tyler Hurst, a now-former emergency department physician. She said that for years, women tried to complain and notify officials at the hospital about Hurst’s behavior, but it was ignored until 2024.
West said that Hurst, who is also awaiting trial on seven counts of criminal sexual assault, would victimize women by first attending to them with a nurse or other staff member present, but would circle back, often locking the door, and then sexually assault them. West said it would fit a pattern of abuse by preying on women who were Native American or those who had struggled with addiction, telling several of them who confronted him that no one would believe them.
“Clearly nothing was done,” West said. “Some called, some wrote letters, but they never received a response. I don’t know why they were protecting him.”
Megan Condra, the director of communications for Community Medical Center, said it had not seen the specific allegations, and said the hospital is fully cooperating with investigations centered on Hurst.
“When Community Medical Center was notified earlier this year of a patient allegation regarding Dr. Tyler Hurst, an independent physician, we immediately removed Dr. Hurst from the facility. We have zero tolerance for inappropriate conduct towards our patients,” Condra said in a statement to the Daily Montanan. “To the extent the allegations against Dr. Hurst are true, he took advantage of the trust placed in him by our patients, our staff members 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 those 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 more bold and 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.
“He would tell them that no one would believe them because they were a drug addict or an Indian,” West said.
West said that the women also tried reporting the incidents to staff members, including the human resources department, but often were thwarted because the person they needed to speak with was never available or would not call back. West said that the pattern shows Community Medical Center tried to avoid dealing with knowledge that Hurst was acting inappropriately and illegally.
“It’s possible that CMC Hospital exhibited blatant negligence not only in failing to take decisive action after multiple complaints were raised against Dr. Hurst, but also in choosing to retain him in their employment,” West said. “By overlooking these repeated allegations and allowing to continue practicing, 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 board will make a determination, but the result will be kept confidential and is not admissible in court. Nevertheless, West said that such a panel serves as an obstacle to dissuade victims from taking on large healthcare providers or doctors.
“These proceedings … serve only one purpose — to deter injured patients from pursuing justice against healthcare providers,” West said. “Yet, despite these obstacles, these 14 women are resolute. They refuse to be silenced or deterred from the path to justice.”
If convicted of the criminal charges, Hurst could face a sentence of 85 years to life in prison.
West said that while 14 women are pursuing charges and legal action against Hurst and CMC, there are 20 victims in total, a number that matches the victim totals identified by Missoula County. West explained that some of the incidents fall outside of the state’s statute of limitations and are ineligible for legal recourse through the justice system.
Hurst was employed at CMC through 2024. He is no longer a licensed physician in Montana.
“They are doing this because they don’t want it to happen to another woman,” West said. “They want everyone who was involved to be held accountable and put a stop to it.”