Lawsuit filed in Chester Co. inmate’s death
By Jonathan McFadden, The Herald (Rock Hill, S.C.) | |
McClatchy-Tribune Information Services |
Lawyers for the county deny those claims, saying
In the suit, Newland claims detention center staff failed to take proper action to save Pettit's life. She also alleges that Hughes, who was contracted to provide medical care to
Newland referred comments to her lawyer,
Complaints of pain
Pettit, according to court documents, was booked into the
He began to complain about pain on the left side of his chest, telling a nurse that the pain felt like someone taking their fist and "pushing it against my armpit," according to court documents. He also told medical staff he had trouble breathing.
After taking his blood pressure, the nurse gave him ibuprofen and told him to rest in cool air. Newland says in the lawsuit that Pettit's blood pressure was high.
He continued to experience pain, the lawsuit states, before he sought help from Hughes, who prescribed Pettit more ibuprofen. Four times in June, Pettit complained of chest and armpit pain. He was seen twice by a nurse and twice by Hughes, and each time he was given a dosage of ibuprofen.
On
"Guards stood over him while he lay on the floor," court documents allege, before EMS was called to the jail. A guard bent down and attempted CPR. Pettit was pronounced dead at
Deputies began an internal investigation, but closed it on
But Newland claims that jail employees failed to properly monitor Pettit's condition and did not adequately respond to his requests for medical attention. She says they did not administer first aid and other life-saving measures once he went into cardiac arrest.
She accuses Hughes of "ignoring clear indications of heart disease," failing to monitor the nursing staff and failing to consult or refer Pettit to a cardiologist or other medical professional. She says Pettit suffered at least one prior heart attack while incarcerated.
Two days before he died, Pettit visited one of Hughes' nurses after complaining of chest pain and pain in his left arm from his shoulder to his elbow, Newland claims. The nurse allegedly told him to stay out of the heat and avoid smoking.
Allegations denied
Lawyers for the county deny Newland's allegations. They are requesting proof in Pettit's medical records that he was given ibuprofen to treat a heart condition, which they say he never disclosed.
It's common for defendants in wrongful death claims to place blame solely on the dead person, said
"Typically, in wrongful death cases, in many of the scenarios, the defendants will allege the actions of the plaintiff were the approximate...cause of the death," he said. "A lot of times in cases, the defense has information on the front end that the plaintiff and plaintiff's counsel do not have yet."
Hughes' lawyer,
"This case is just getting started really," he said.
He plans to meet with Pettit's relatives to "understand their position and allegations," he said. He rebuffed Newland's claims that Pettit suffered from a heart condition, saying his "chest pain-type complaints were not typical of a heart attack," but of muscular skeletal pain. Hughes said he has not spoken with any medical personnel who performed the autopsy.
Hughes is still contracted with the detention center, King said.
'Nobody likes trials'
Newland seeks two different types of payment -- one for Pettit's death, and a second for a survival claim, in which she will seek damages for any "conscious pain and suffering" Pettit endured as he died, McCool said.
Newland's attorneys, he said, will likely try to gauge whether Pettit suffered any prolonged pain or suffering as he was dying -- proof they might try to establish through witness testimony from other inmates, paramedics who responded to the scene, or jail surveillance video to determine Pettit's actions before he died.
A defendant can collect damages up to
"When you have competent lawyers on both sides...bringing their 'A' game to the table, they can usually settle," Hubbard said. "Sometimes, you will get stubborn clients. Once in a while, they will not accept reality about what the claims are."
Pettit's medical records will be instrumental for lawyers trying to prove Newland's claims. "A lot of times, juries want to know...what was this person like...were they living a healthy life?" McCool said.
While Pettit would have been a key witness, Newland's attorneys still have a chance at winning, though it won't be easy.
"When you've got one vital witness (who) is now dead, that is going to affect the case," he said. "It's not your killer," but, "it makes it harder."
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