Patrick Clancy's attorneys argue that his $1 million wrongful-death lawsuit against the mental-health clinicians who treated his ex-wife should not be dismissed until Lindsay Clancy testifies.
The suit, filed in January 2026 on behalf of Patrick and the estates of Cora, Dawson and Callan, alleges that deficiencies in Lindsay's psychiatric care contributed to the children's deaths three years earlier.
During a hearing on Wednesday, Patrick's lawyer Howard Cooper told a Norfolk Superior Court judge that the case must not be thrown out before Lindsay provides evidence.
"You know who hasn't testified yet, Your Honor? Lindsay Clancy," Cooper said.
Cooper said his side expects Lindsay to testify in the civil case after she declined to take the stand in her criminal trial.
"We have alleged in good faith in this case, and I said this previously, that we believe that Lindsay Clancy, once her Fifth Amendment issues are resolved, one way or the other, will testify that she told these defendants explicitly that she had homicidal ideation, that she was worried about something awful happening to her kids," he stated.
"Can't imagine a more explicit threat," he added.
He argued it would be "completely inappropriate" to dismiss the action before that testimony and other evidence are developed.
Cooper noted there are "at least eight different allegations" that the defendants fell short of the standard of care and claimed those alleged failures were a "substantial cause" of Lindsay killing the children.
The attorney pointed to treatment notes indicating Lindsay was suspicious of others, suicidal, fearful of something bad happening, and scared to be left alone, with references to intrusive thoughts and fears about harm to her children.
He said those records had already been used in Lindsay's criminal trial.
Defending psychiatric nurse practitioner Rebecca Jollotta and South Shore Health, attorney Timothy Sweetland argued Massachusetts law bars claims brought on behalf of third parties.
"It's our position that the claims in this case are barred," Sweetland told the judge.
He explained that only two narrow statutory exceptions could expose a mental-health provider to liability, and one does not apply because Lindsay had no history of violence.
Sweetland said the question remains whether she made an explicit threat with intent and ability to act, and that the statements cited by Patrick's lawyers do not meet that threshold, describing it as "impossible to glean" that she intended to harm her children.
He added that if the case proceeds, the court will hear the full picture of Lindsay's treatment and the providers' actions.
The complaint also names psychiatrist Dr. Jennifer Tufts, Jollotta, Aster Mental Health and South Shore Health System, accusing them of failing to monitor, coordinate and manage Lindsay's care as her condition worsened.
It alleges providers prescribed a "bevy of diverse and powerful medications," relied heavily on video appointments, and in some cases held sessions as short as 17 minutes.
Judge Michael Doolin has not yet ruled on the defendants' motions to dismiss.
"Very well argued by all three of you," Doolin said at the hearing's close, adding, "I think you did an excellent job."
Cora (5), Dawson (3) and eight-month-old Callan were strangled with exercise bands at the family's Duxbury, Massachusetts home on January 24, 2023.
Lindsay later faced trial for the deaths, with her lawyers claiming she was not criminally responsible due to postpartum psychosis.
The criminal trial ended in a mistrial in September after jurors could not reach a unanimous verdict, the panel splitting 11-1 in favor of acquittal.
Her defense team continues to challenge the criminal case, focusing on the lone holdout juror and the possibility of a retrial.
