A Louisiana Shoulder Dystocia Injury Lawyer With Medical Knowledge
Last updated on December 29, 2025
A shoulder dystocia delivery can cause significant, lifelong injuries. When you need legal help for a birth injury, Lee M. Schwalben, M.D., J.D., LLC, is there for you. From his law office in Lake Charles, attorney Schwalben serves medical malpractice victims across southwest Louisiana. After his career in medicine as a practicing doctor, he dedicated his law firm to fighting for the injured.
You need a strong advocate who understands medicine and the law. As a shoulder dystocia injury attorney, Mr. Schwalben fights to hold negligent medical providers accountable. He works tirelessly to prevent these preventable tragedies from happening to other families. When you work with his firm, you gain a powerful ally in your pursuit of justice.
Shoulder Dystocia: What You Should Know
Shoulder dystocia is a complication during vaginal delivery. It happens when the baby’s anterior shoulder gets stuck behind the mother’s pubic bone, preventing the baby from moving down the birth canal. Any delay in resolving this emergency can be catastrophic. One common indicator of shoulder dystocia is the turtle sign: when the baby’s head emerges, but then pulls back against the perineum.
How does a shoulder dystocia injury affect a child’s life? Injuries can result in:
- Nerve damage
- Brain damage
- Brachial plexus injury
- Erb’s palsy
- Klumpke’s palsy
- Hypoxic-ischemic encephalopathy (HIE)
- Cerebral palsy
These conditions may require a lifetime of costly medical care and therapy.
What Causes Shoulder Dystocia Injury?
Many shoulder dystocia injuries are preventable, the result of medical providers’ mistakes or negligence. Examples include:
- Failure to anticipate risk in a high-risk pregnancy.
- Failure to obtain informed consent for a higher-risk delivery method.
- Delayed cesarean section.
- Mismanagement of the delivery. This includes not correctly performing the McRoberts maneuver or applying suprapubic pressure.
- Excessive force during delivery.
- Improper use of forceps delivery or vacuum extractor.
- Delayed use of the Zavanelli maneuver.
These factors can also lead to other birth injuries, including a fractured clavicle or a fractured humerus. Complicated cases may even involve more than one causal factor.
Shoulder Dystocia And Louisiana Medical Malpractice Claims
Medical malpractice happens when a health care provider’s negligence causes harm to a patient. To have an actionable case, you must show that:
- The medical provider owed you a duty of care.
- The provider breached the expected standard of medical care.
- The provider’s breach caused the shoulder dystocia injury.
- The injury led to financial or nonfinancial harm.
In a shoulder dystocia injury case, the negligence often involves poor decision-making or incorrect maneuvers during delivery.
Potential Damages In Shoulder Dystocia Birth Injury Malpractice Claims
Birth injuries can create lifelong financial needs. A successful medical malpractice claim seeks to recover financial compensation or damages. Economic and noneconomic damages in a shoulder dystocia injury claim can include:
- Past and future medical expenses
- Physical therapy costs
- Loss of future earning capacity for the child
- Pain and suffering
- Emotional distress
- Assistive devices
Attorney Schwalben understands the lifetime costs associated with permanent injuries. He understands how to calculate damages accurately so that your family can make a full financial recovery.
How Soon Should I Contact A Lawyer?
Contact a shoulder dystocia injury attorney as soon as you suspect a medical error caused your child’s injury. In Louisiana, you have to file a claim within one year of the injury or the date that you discovered an injury. You cannot file a claim more than three years after a birth injury. For minors, the statute of limitations does not start until after they turn 18.
Waiting too long can damage your claim, as evidence may degrade or get lost. Contacting an attorney early helps preserve important information.
What Parties Can I Pursue Damages Against In My Shoulder Dystocia Injury Claim?
You can seek damages against any party whose medical negligence contributed to the injury. Examples include:
- Obstetricians
- Gynecologists
- Other physicians
- Nurses
- Hospitals
- Medical clinics
- Birthing centers
- Birth doulas
Liability depends on which provider failed to follow the duty of care.
If A Hospital Has A High Rate Of Shoulder Dystocia Complications, Can That Be Evidence In My Case?
Yes, a pattern of complications at a hospital is often relevant and could support your claim of malpractice. It could suggest systemic problems, such as a failure to properly train staff. A shoulder dystocia injury attorney can investigate this evidence.
The Importance Of Working With Attorney Lee M. Schwalben
You are facing powerful opponents. Hospitals and their insurance companies employ highly skilled lawyers. You need an advocate who can meet them on equal footing.
As a medical malpractice attorney, Mr. Schwalben offers a significant advantage. As a former doctor, he understands the medicine behind the legal claim. He has insight into when a provider has breached the medical standard of care. His background allows him to speak the same language as the doctors involved in your case. He will not back down from a fight to get you justice and maximum compensation.
Get Justice: Contact A Louisiana Shoulder Dystocia Injury Attorney Today
When you make a free consultation with Lee M. Schwalben, M.D., J.D., LLC, he can review your case and explain your rights. He aims to get you financial stability and peace of mind. Please call him at 337-557-8377 or use his email form to schedule your free case evaluation. He also works on a contingency fee basis.