Shannon Magee, 35, was staying at the Harmony Center in Baton Rouge, which is a residential facility for the developmentally disabled, before her untimely death in August. She had been diagnosed with Down Syndrome and the family of the late Shannon Magee believes the facility displayed signs of negligence which ultimately led to their daughter’s death. That prompted the family to then hire an attorney who helped them file a wrongful death lawsuit in March against the facility. While the family has their evidence to support their claims, the Center has also collected their own and is now seeking a dismissal of the lawsuit.
Below we share some of the evidence both sides have collected [Source: The Advocate].
Last year, Magee was taken from Harmony to a hospital where she was expected to undergo a sleep study. Apparently, the sleep study was supposed to evaluate whether Magee suffered from sleep apnea, although the family claims they did not authorize their daughter to participate in the study. When Magee arrived at the hospital where the study would be conducted, she was given an Ativan because she was “uncooperative.” And at some point during the procedure, the study was stopped because of Magee’s “agitated state.” She was then taken back to Harmony Center.
Hours later after returning to Harmony, Magee was found without a pulse and out of her bed.
Workers at Harmony found Magee with blue lips, face, and hands and was taken to a hospital where she was put on life support for six days before she passed away on August 29th. But, Harmony doesn’t believe they were at fault for the death of Magee. The Center’s representing attorney has even raised a number of defenses that support their claims some of which include:
- “The sole proximate cause of the accident in question is the fault of third parties” over whom Harmony “had no control.”
- The Center claims it was “following the care instructions of Ms. Magee’s treating physician and, thus, cannot be held liable for the medical decision made by her treating physician.”
- “The hospital and/or Magee’s treating physicians who ordered and/or administered the sleep study preludes or reduces the amount of recoverable damages against Harmony Center.”
Despite what Harmony’s attorney says, Magee’s family stands firm on learning the truth about their daughter’s death. You can expect that more details will be shared with the public as the case continues on and District Judge Mike Caldwell will be presiding over the legal matter.
Although it isn’t clear who was at fault for the death of Magee, this incident shows how difficult medical malpractices cases can be. Often times, when a doctor or healthcare facility is accused of negligence, they will refute the claims made against them and provide their own evidence as to why they believe they are guilt-free. And because these hospitals and facilities hire dependable and aggressive attorneys to represent them, it is important that you do the same when you suspect that a LA physician or healthcare facility has made a medical error that has led to an injury or death.
When a doctor or hospital displays signs of negligence which led to an injury or death of a loved one, contact a Baton Rouge, LA medical malpractice lawyer who can explain what your legal rights are.
And if you are currently facing these circumstances and wish to hire a medical malpractice lawyer in Baton Rouge, LA, contact The Bowling Law Firm now at 504-613-4561. If you want a team of attorneys that are going to stand behind you and protect your interests, this is the firm you will want to place your trust in.
You can reach The Bowling Law Firm at:
1615 Poydras Street, Suite 1050
New Orleans, LA 70112