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Gary Lovell and Doug Mackelcan Obtain Defense Verdict for National Healthcare Staffing Company

February 24, 2016

D. Gary Lovell and Douglas W. MacKelcan, partners in the Charleston, South Carolina, office of Carlock, Copeland & Stair, LLP, recently obtained a defense verdict for a national healthcare staffing company in a wrongful death case, Rebecca Delaney vs. CasePro, Inc. The judgment came down after a two-week trial in Beaufort County, South Carolina.

Plaintiff argued that the company’s nurses and doctor, who staffed the emergency department at a military health care facility, were negligent in their evaluation and treatment of a patient who presented with mental health issues. Before the medical providers made a final decision as to the course of treatment for the patient, he left the emergency department with his escort to get some fresh air. At some point, while outside, the patient ran from the escort off of the hospital property, removed some clothing, and entered a fire truck that had been left running and unattended at a nearby apartment complex. The patient then drove off striking multiple vehicles and a pedestrian before crashing the fire truck in the woods. Plaintiff sought to hold the staffing company liable for the death of the pedestrian. Plaintiff also alleged that the company was negligent in its retention of the treating doctor.

The defense presented evidence from fact and expert witnesses defending the evaluations and treatment provided by the nurses and doctor, the company’s retention of the doctor, Plaintiff’s attempt to expand the duty medical providers owe to third parties, and proximate cause. The jury quickly returned a unanimous verdict for the defense.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.