Lake Charles Surgical Error Attorney Who Is Also A Doctor
Last updated on December 10, 2025
You trusted your surgeon. You placed your health in their hands. Instead of healing, you suffered a catastrophic injury. This unexpected trauma has left you in emotional distress and financial strain.
You need justice. You deserve financial recovery. You need Lee M. Schwalben, M.D., J.D., LLC. For more than 15 years, Mr. Schwalben has advocated for the rights of Louisiana medical malpractice patients. He has a unique background as an experienced lawyer who also practiced medicine. He is ready to fight for the maximum compensation you deserve.
An Overview Of Common Surgical Errors
A surgical error is a preventable mistake that falls below the accepted standard of care. When a surgeon or another staff member breaches this duty of care, it constitutes surgical malpractice. These errors can cause life-altering harm, sometimes resulting in wrongful death. Examples of serious surgical errors include:
- Operating on the wrong body part
- Retained foreign object, such as a sponge or an instrument
- Wrong procedure performed
- Anesthesia error
- Nerve damage during surgery
- Failure to monitor the patient’s vital signs
These errors require swift legal action. They often result in extensive medical bills and long-term disability.
What Evidence Do You Need To Prove A Surgeon Was Negligent?
Not every bad surgical result is surgical malpractice. To have an actionable medical negligence lawsuit, you must show the surgeon failed to meet the standard of care. This requires proving four essential elements:
- Duty of care
- Breach of duty
- Causation
- Damages
As a medical malpractice attorney and a former practicing doctor, Mr. Schwalben understands the intricacies of surgical procedures and hospital liability. His medical knowledge helps him identify where the surgeon fell short. He then coordinates with medical review panels and gathers evidence to prove the surgeon’s negligence.
How Long Do You Have To File A Surgical Malpractice Claim In Louisiana?
In Louisiana, the statute of limitations for surgical malpractice claims is one year from the date of the surgery. However, if you did not discover the error right away, you have one year from the date you discovered or should have discovered the malpractice. You cannot file a claim more than three years from the date the surgical error occurred. You must contact a surgical error attorney right away.
Can You Still File A Surgical Malpractice Claim If You Signed An Informed Consent Form?
Yes. The form will not protect a surgeon who commits surgical malpractice. Informed consent means you understand the known risks of the procedure. It does not mean you accept the risk of the surgeon’s carelessness.
Discuss Your Rights With A Medical Malpractice Lawyer
Lee M. Schwalben, M.D., J.D., LLC, has a successful record fighting for victims of surgical malpractice. He can help you get justice, recover financially and protect others from similar errors. Call Mr. Schwalben at 337-557-8377 or send him an email to schedule a completely free consultation with a surgical error attorney.