Lake Charles Wrongful Death Due To Medical Malpractice Lawyer

Lake Charles Wrongful Death Due To Medical Malpractice Attorney

It’s natural to be angry and confused when a loved one dies because of medical negligence. You placed your trust in a professional, and they broke that trust. If you believe medical malpractice played a role in your family member’s death, a Lake Charles wrongful death due to medical malpractice lawyer can help.

At Lee M. Schwalben, M.D., J.D., LLC, attorney Lee M. Schwalben can help you take action, seek accountability, and pursue the compensation your family deserves.

Understanding Wrongful Death Caused by Medical Malpractice

With over 250,000 medical malpractice reports nationwide between 2020 and 2024, and 8 out of every 10 cases going to trial — resulting in over $36.5 million in payouts to Louisiana victims in 2024 alone — understanding how wrongful death and medical malpractice intersect can help you decide whether legal action may be the right step for your family.

Wrongful deaths due to medical malpractice can be caused by:

• Surgical mistakes
• Misdiagnosis or delayed diagnosis
• Medication or anesthesia errors
• Birth injuries
• Failure to monitor a patient
• Discharging a patient too soon
• Poor communication between medical staff

Not every medical mistake qualifies as malpractice. However, when a medical provider’s carelessness directly causes the death of a patient, the law can provide a path forward. At Lee M. Schwalben, M.D., J.D., LLC, our team is standing by to evaluate the particulars of your case and determine your next steps, and we’re ready to be the advocate you need to bring the negligent party to justice.

Who Can File a Wrongful Death Claim in Louisiana?

When someone dies because of medical negligence, it leaves the people closest to the victim vulnerable — both emotionally and financially. In Louisiana, the state decides who qualifies to file a claim, and the pool of family members who are eligible is further narrowed by a strict hierarchy.

This ensures the family members who need the compensation receive it, as opposed to a distant relative. Those who may be eligible, in order of hierarchy, include the following:

1. Spouse of the deceased
2. Children of the deceased (if there is no surviving spouse)
3. Parents of the deceased, if there is no surviving spouse or child
4. Siblings of the deceased, if there are no surviving parents, spouse, or children
5. Grandparents of the deceased, if none of the above survive

If you’re a spouse, child, or close family member, you could have the right to seek justice. Speaking with a wrongful death attorney at Lee M. Schwalben, M.D., J.D., LLC can help determine where you stand in the hierarchy.

What Can You Recover in a Wrongful Death Claim?

No amount of money can replace a loved one. However, a wrongful death claim can go a long way toward easing the financial and emotional burdens left behind. In Louisiana, the following damages could be available to families who lose someone due to medical malpractice:

• Medical expenses incurred prior to death
• Funeral and burial costs
• Loss of future income and benefits
• Loss of companionship and support
• Pain and suffering of the survivors
• Mental anguish

While compensation isn’t meant to detract from or take away your grief, it can help cover costs, support your family, and bring about a sense of closure. At Lee M. Schwalben, M.D., J.D., LLC, we can help you understand what may apply in your case and how to pursue what you’re entitled to.

The Value of a Local Lake Charles Attorney

Hiring a local attorney matters. A Lake Charles wrongful death due to medical malpractice lawyer from Lee M. Schwalben, M.D., J.D., LLC understands more than just the law — we’re intimately familiar with local procedures at the 14th Judicial District Court right here in Calcasieu Parish.

We’re familiar with the courthouse, the expectations of the judges, and the preferences of local staff, and we’re ready to apply this meaningful advantage to every case.

We’re also familiar with local healthcare systems and providers, which means we have the relationships needed to secure the right professional witnesses to add strength to your claim.

At Lee M. Schwalben, M.D., J.D., LLC, we know that no amount of money can replace a life. But we also believe families deserve answers — and justice. When you work with our team, you receive:

• Personal guidance and communication throughout your case
• Access to medical experts needed for the review panel and trial
• A thorough investigation into all possible forms of negligence
• Representation in local and state courts when necessary

We serve clients throughout Lake Charles and Calcasieu Parish. Let us help you navigate this difficult time with clarity and purpose.

FAQs

Q: Can I Request an Autopsy to Support a Wrongful Death Claim?

A: Yes, you can request an autopsy to support a wrongful death claim. An autopsy can be a key piece of evidence, especially in cases involving medical malpractice. While hospitals don’t typically automatically conduct them, you or our attorneys can request a private autopsy. This process could reveal critical details that confirm or contradict the cause of death reported by the hospital.

Q: What if My Loved One Had a Do-Not-Resuscitate (DNR) Order?

A: Even if a DNR order existed, medical malpractice could still have played a role in the events leading up to death. A DNR doesn’t give providers the right to neglect care, misdiagnose conditions, or commit surgical errors. Each case should be evaluated in context to determine whether negligent actions occurred before the DNR was relevant.

Q: How Long Does a Wrongful Death Claim Usually Take to Resolve?

A: The time required for a wrongful death claim to resolve depends on the complexity of the case, the number of parties involved, and whether or not it goes to trial. Some claims settle in under a year, while others could take several years — especially if medical records, expert testimony, and court appearances are involved.

Q: Can I Still File a Claim if the Patient Has Pre-Existing Conditions?

A: Yes, you can still file a claim if the patient has pre-existing conditions — their existence doesn’t excuse substandard care. Healthcare providers are expected to treat patients with full knowledge of their medical history. If they fail to adjust treatment properly or ignore known risks, they can still be held accountable for resulting harm—even if the patient had prior health challenges.

Take the First Step Toward Justice

Losing a loved one because of medical negligence is something no family should have to face alone. If you believe a doctor, nurse, or hospital’s mistake caused the death of your family member, then Lee M. Schwalben, M.D., J.D., LLC, is here to help.

We offer compassionate, clear legal support for families throughout Lake Charles and across Louisiana.

Contact us today to schedule a consultation.