Lake Charles Erb’s Palsy Attorney
Last updated on December 26, 2025
If your child suffered a birth injury and was diagnosed with Erb’s palsy, you don’t have to face this fight alone. At Lee M. Schwalben, M.D., J.D., LLC, a dedicated Lake Charles Erb’s palsy lawyer helps families pursue justice when medical negligence causes lifelong harm.
What Is Erb’s Palsy?
Erb’s palsy is the most common kind of birth injury, and it affects the nerves around a newborn’s shoulder, arm, and hand. It’s often caused by medical negligence during delivery, especially when excessive force is used or when the baby’s shoulder gets stuck behind the mother’s pelvic bone.
These kinds of injuries are generally caused by forceps and vacuum extraction tools, which are used when the baby is stuck or has a hard time moving through the birth canal. Erb’s Palsy affects around two in every 1000 live births in the United States and can cause weakness or paralysis, difficulty mastering motor skills, and developmental milestone delays.
With one of the highest rates of medical malpractice in the country, Louisiana saw 192 cases per every 100,000 residents in 2022, and as of 2023, the state had paid out over $620 million in claims.
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What Legal Action Can I Take?
If your child has been diagnosed with Erb’s Palsy due to medical negligence, you have the right to pursue compensation and hold those responsible to account for their actions.
This typically involves filing a medical malpractice claim against the doctor, hospital, or healthcare provider whose actions — or inaction — caused your child’s injury. The goal of legal action isn’t just to secure financial compensation, but by holding negligent providers accountable, you can help prevent similar harm to other families.
To take legal action, however, you need to act fast. In Louisiana, you typically have one year from the date of injury or discovery of the injury to file a medical malpractice claim.
Why You Need An Erb’s Palsy Lawyer
Navigating a legal claim can be overwhelming, but when that claim revolves around your child, it adds a whole new level of stress to the situation. These kinds of cases are emotionally charged and legally complex, requiring not just proof of negligence but also a deep understanding of medical standards and long-term care needs.
That’s where an experienced Erb’s Palsy lawyer becomes essential. Attorney Schwalben can:
- Investigate all medical records for evidence of negligence
- Consult with medical experts to support your case
- Calculate damages, including future medical costs and loss of quality of life
- Handle all communication with insurance companies and medical institutions
- File your case within Louisiana’s statute of limitations for medical malpractice
Mr. Schwalben has decades of experience handling medical negligence and birth injury cases. From the moment you reach out, he’ll fight for answers, accountability, and the financial support your family needs. His team is committed to making sure your child gets the resources needed to live a full and supported life.
What Compensation Can You Receive For Erb’s Palsy?
When a preventable birth injury like Erb’s palsy occurs, families are often left with lifelong challenges and overwhelming medical costs. Though Erb’s palsy is treatable, the surgeries and rehabilitation needed so that your child can one day thrive require a healthy bank account.
Fortunately, the law allows you to seek compensation for both economic (the calculable losses) and non-economic (the subjective losses) damages:
- Medical expenses can cover surgeries, physical therapy, and ongoing care.
- Future medical treatment can cover adaptive equipment or specialist appointments.
- Pain and suffering covers physical pain and emotional suffering for both the child and the parents.
- Emotional distress can include the mental toll of raising a child with special needs.
- Lost earning capacity can cover instances where a parent gives up their career to care for the child and can even cover the child’s needs if they’re unable to work when they become an adult.
Lee M. Schwalben, M.D., J.D., LLC, works with economists, life care planners, and vocational experts to fully assess your child’s long-term needs. Mr. Schwalben aims to secure a settlement or verdict that reflects the full impact of the injury, both now and in the future.
Why Local Representation Matters
Choosing a local Lake Charles Erb’s palsy lawyer gives your case a significant advantage. The team at Lee M. Schwalben, M.D., J.D., LLC, isn’t just familiar with the complexities of Louisiana medical malpractice law, but they also have deep roots in the Lake Charles community.
Mr. Schwalben understands how local courts like the 14th Judicial District Court of Calcasieu Parish operate and what judges expect when hearing medical malpractice cases. This ensures a smoother and more effective legal process.
FAQs
Can Erb’s Palsy Affect My Child’s Emotional Or Social Development Later In Life?
Yes. While Erb’s palsy is a physical condition, the challenges of limited mobility, appearance differences, or activity restrictions can impact a child’s self-esteem and social confidence. Legal compensation can cover therapy, counseling, and adaptive programs to support emotional well-being, which can help your child thrive both physically and socially.
What If My Birth Team Followed Procedure, But Something Still Went Wrong?
Standard procedures don’t always guarantee safe outcomes. Injuries can sometimes happen even when protocols are followed, but that doesn’t eliminate liability. If your provider failed to adapt to complications or ignored warning signs, they could still be considered negligent. An attorney can assess whether their idea of following procedure met or failed the standard of care in your case.
Can I File A Claim Even If No One Admitted Fault?
Yes, you can file a claim even if no one admitted fault. Medical providers rarely own up to wrongdoing, so not admitting to it doesn’t mean negligence wasn’t a factor in your child’s injury. An experienced Erb’s palsy lawyer can uncover evidence of substandard care through medical records, expert opinions, and procedural reviews.
Can I Still File A Claim If My Child’s Erb’s Palsy Symptoms Improved Over Time?
Yes. Even if your child has shown improvement, the initial injury might still justify a claim. Temporary disability, medical costs, and emotional distress are still valid reasons to seek compensation. A claim can help recover what was lost during treatment and ensure your child receives the support needed if issues resurface later in life.
Take The First Step Toward Justice
Let trusted Lake Charles Erb’s palsy lawyer Lee M. Schwalben, M.D., J.D., help you hold negligent medical providers accountable.