Clancy counsel disputes testimony claims in medical malpractice suit

Civil litigation between the Clancy family and local healthcare providers has entered a dispute over witness testimony. The conflict centers on whether Lindsay Clancy will take the stand to support claims that medical staff failed to act on her reports of dangerous thoughts.

The legal battle stems from the deaths of three children, Callan, Cora, and Dawson, all under age six. The children were found strangled at the family home in January 2023. Lindsay Clancy, now 36, faced three counts of first-degree murder in their deaths. Both she and her ex-husband, Patrick Clancy, filed separate civil lawsuits against hospitals and healthcare providers. The suits allege that failures in her medical care contributed to the deaths of the children.

During a hearing on Wednesday in Norfolk County Superior Court, attorney Howard Cooper represented Patrick Clancy. He stated his expectation that Lindsay Clancy would testify once her Fifth Amendment protections are resolved. Cooper told the court that he believes she will explicitly state she told the defendants she had homicidal ideation. He argued she was worried about something awful happening to her kids.

Lindsay Clancy's legal team responded with a formal denial. Attorney Kevin Reddington issued a statement on Thursday asserting that his client never indicated an intention to testify in Patrick Clancy's lawsuit. He clarified that no one acting on her behalf represented that she would take the stand. Reddington emphasized that Patrick Clancy's counsel does not speak for Lindsay Clancy.

The defense for the healthcare providers is currently seeking dismissal of the lawsuits. Their attorneys argue that Lindsay Clancy never disclosed having homicidal thoughts to the providers treating her. If she never made that disclosure, the providers contend they could not have failed to act on it. This argument directly contradicts the testimony expected by Patrick Clancy's legal team.

The civil cases proceed following a mistrial in Lindsay Clancy's criminal case. Judge William Sullivan declared the mistrial on Friday, Sept. 4. The decision came after jurors failed to reach a unanimous verdict, ending with an 11-1 split. The civil proceedings now focus on the specific medical interactions between Lindsay Clancy and her providers during the period before the children's deaths.

The next step in the litigation involves the court's ruling on the motion to dismiss. The judge will determine whether the cases can proceed based on the evidence of disclosure. The outcome will hinge on the credibility of the competing accounts regarding what was said to the medical staff.