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Aubrey C. Galloway

Aubrey Galloway’s Answers

77 total


  • Can i sue A Doctor giving me a wrong dose of Humira i was stage 2 now i am stage 3 because of the wrong dose?

    Aubrey’s Answer

    You likely can so long as an expert can support the view of your subsequent treating physician that the lower dose proximately caused the progression of the disease from stage 2 to stage 3...this is an opinion that needs to be rendered by an expert at trial which your attorneys would hire for you. To prove medical malpractice you need: 1. Duty; 2. Breach; 3. Causation, and; 4. Damages. Here it appears you have all the elements satisfied as 1. the first doctor had a duty of reasonable care for his practice area; 2. by giving the lower dose (the chrons dose not Hidradenitis dose) the doctor breached that duty; and, 3. that the breach caused the 4. damages.

    Let me know if I can help you further on this,

    Truly Yours,

    Aubrey Galloway Esq

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  • Paid over $168,000 for a house then got told too bad it's not yours and there's nothing I can do about it. is that true

    Aubrey’s Answer

    You might be able to get your money back as part of a settlement but you can most likely get your name put on the deed as a co-owner if you can establish the existence of a contract (that the payment was made in exchange for partial ownership of the house) and show that you made the payment. Furthermore, you have an EQUITABLE argument in the alternative that the principals of fairness dictate you should have a certain ownership in the house. This seems like a case where you should retain an attorney and file a lawsuit for, either: 1. Return of the payment monies, or; 2. An ownership interest in the house. The suit should be grounded in both equity and law, the latter using the principles of breach of contract (which there may be some SOFs issues with which is why the equitable arguments must also be plead).

    Hope that helps,

    Truly Yours,

    Aubrey Galloway

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  • IIs sending nude pictures to another man adutery?

    Aubrey’s Answer

    I don't exactly know what your question is, but to cover most of the bases:
    1. It was not against the law (civil or criminal) for your ex to forward the pictures to your husband;
    2.If your husband wants a divorce he can file for one, however, SENDING THE PICTURES TO YOUR EX IN AND OF ITSELF IS NOT SUFFICIENT GROUNDS FOR DIVORCE TO AFFORD YOUR HUSBAND A SIGNIFICANTLY ENHANCED CHANCE OF WINNING THE LAWSUIT FOR DIVORCE (if, for example, you cheated on your husband and your boyfriend sent him proof of the affair, that could prove ADULTERY, which WOULD afford him a better chance of winning and potentially expose you to criminal liability ...as adultery is still a misdemeanor in NY);
    3. I would re-assure your husband that you only sent the pictures because he wasn't being affectionate and that you were not having an affair (try and do this in writing ... by text or email). By doing this you are protected in the event of a divorce from your husband making claims of adultery and trying to use the evidence of the pictures to prove the claims.

    I hope that was helpful and good luck,

    Truly Yours,

    Aubrey

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  • Can I sue a plastic surgeon for malpractice?

    Aubrey’s Answer

    To have a claim for medical malpractice you need 1. a duty of care by the healthcare provider; 2. a breach of that duty; 3. causation, and; 4. damages. So here the issues are with breach and causation. Namely, did the unfortunate collapse and abrasions occur due to A DEPARTURE FROM THE STANDARD OF CARE OR WERE THEY A KNOWN COMPLICATION OF THE SURGERY ...this question is the key and it is a question that must be examined and answered by a medical expert. Furthermore, such an expert would have to testify at trial that the damages were caused by this departure from the standard of care for a claim sounding in medical malpractice to be successful.

    Many firms, including ours, have medical experts in-house on staff that fan review your medical records to ascertain whether or not this is a liability case as there are clearly some damages. --- Please let me know if there is anything else I can do and I hope this helps.

    Aubrey

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  • What should be my next step?

    Aubrey’s Answer

    • Selected as best answer

    If you ask the question again and give more details I would be happy to answer it. What your hospital bills were should not matter (although there may be a Medicaid lien) due to the collateral source rule and you need to make sure your attorney started a lawsuit.

    Did you do your deposition? Was the case certified for trial? What did your attorney say about the defendant depositions? What was the final settlement offer and how long ago did you approve it (you have to approve it). IF your attorney didn't file a case and you have one he/she could be guilty of legal malpractice and your remedy is to sue that attorney.

    LEt me know if I can help further

    Aubrey

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  • Can I travel if someone have an order of protection against me ?

    Aubrey’s Answer

    Yes. You can travel.

    Depending on the type of TOP you either have to completely stay away from and not communicate with the other person or if it is a non-stay-away order simply not commit any crimes against them. You are innocent until proven guilty and can travel at will (unless barred by something else like probation stemming from another offense.

    I have heard of people being stopped at airports due to the suspicion that they were traveling with the person that had a TOP against them, but that is rare and borderline illegal by law enforcement (depending on how solid there explanation of probable cause is during cross examination you could win or lose on getting the whole thing suppressed)...IF YOU ARE GOING TO BE AROUND SOMEONE WHO HAS A TOP AGAINST YOU AND THEY ALSO WANT TO BE AROUND YOU, THEY SHOULD SPEAK TO YOUR ATTORNEY (this is NOT 3RD PARTY CONTACT and thus OKAY) AND SET UP A MEETING WITH THE DA TO HAVE THE ORDER CHANGED TO A NON-STAY-AWAY ORDER.

    YES THOUGH YOU CAN TRAVEL

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  • Can I be arrested if I stole 50 thousand dollars from my last job but theirs no prove, why detectives are looking for me?

    Aubrey’s Answer

    I would watch what I write on the internet as law enforcement can get subpoenas for "metadata" from websites such as this and figure out your name, IP address and other information...they might not even need it as you made much of this info public. Further, what you wrote in this question is NOT protected by any attorney client privilege and is a statement against interests (thus an admission of guilt). Take it down.

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  • Would it be considered neglect if I spent 3 days in the hospital for rectal bleeding, and all that was done was my blood level w

    Aubrey’s Answer

    No; not sufficient evidence to support a claim for medical malpractice under negligence. To establish a prima facie case of medical malpractice P must prove four (4) things: 1. that the D had a duty of care; 2. breached the duty of care; 3. that the breach caused....;4. damages. Here it is clear the hospital had a duty of care as you were admitted as a patient there, but it is unclear if they breached such a duty and if there was a breach if the same proximately or actually caused any legally cognizable damages. In short, the case is weak on both liability and damages.

    Assume, hypothetically, that the rectal bleeding was an indicator for further testing for something like colon cancer and you (God forbid) ended up having it, then you would have a stronger case as there would be damages and liability assuming you could show that the bleeding necessitated further testing ...the former (damages) would be determined by prior verdicts and reductions on appeal and the latter (the presence of a breach or not) by medical expert testimony...This is just a hypo though so you can better understand what would constitute a case...the theory for this hypo would be "failure to diagnose"

    Thus, given the facts you have presented, it appears you do not have a cause of action for medical malpractice sounding in negligence as there 1. are not legally sufficient damages (an element of the tort) and the elements of 2. breach and 3. causation would be difficult to prove. You have only one (1) off the four (4) necessary elements for a claim (they had a DUTY of care)...as you are lacking the other 3, I must answer your question in the negative

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  • What can failure to stop at stop sign be reduced to?

    Aubrey’s Answer

    It, ideally, can be dismissed. There are a number of reasons this could happen including the officer not showing up or the state not meeting the requisite burden of proof (which is on them). If you are looking to make a deal though typically they will reduce it one level. I don't know what venue this is in but some places have a clerk you can talk to prior to the case being called who is often authorized to make the reduction...generally if you ask for a "non-moving violation with no points" they will accept it if the driver has a clean record. Other factors such as if the driver uses his license to work may play a role. Also, it goes without saying that showing up with an attorney will increase your chances of getting a deal, as the prosecution will be under the belief you are intent on fighting it. -- Often times if you just ask for the reduction to the non moving violation you are good to go so long as you can pay the fine. If not, see if the officer is there, and if he is, adjourn the case...this gives you another chance of him not showing up ... if he comes the second time just reduce it -hope this helps

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  • Can I sue the VA for refusing to pay for my Husband's medical care?

    Aubrey’s Answer

    You may be able to collect under a theory of negligence/medical malpractice for failure to treat the heart condition. As part of the damages in the suit you can ask for out of pocket medical expenses. That said, the lawsuit is for failure to treat, which is a deviation from the standard of medical care...note your attorney may have to hire an expert doctor to review the case and testify.

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