Legal Malpractice - Tamara Hubbard, et al v. Mason Oswalt, et al,

Representation of an attorney in a legal malpractice case who had failed to timely pay the medical malpractice fees resulting in the dismissal of the underlying medical malpractice case. The defense in the legal malpractice case was that the underlying claim against an emergency room physician for failing to obtain a white blood cell culture where the plaintiff’s decedent had a long history of sarcoidosis, heart and lung problems and came to the emergency room complaining of shortness of breath was baseless. The court found the claim that the doctor in the underlying medical malpractice failed to appreciate the gravity of her medical condition and thus sent her home prematurely causing her death was without merit. Since there was no viable medical malpractice claim, there was no damage to the legal malpractice plaintiffs. The court issued an eight-page judgment in favor of the defendant. Tamara Hubbard, et al v. Mason Oswalt, et al,No. 11-0203, 4th Judicial District Court, Parish of Ouachita, Louisiana.