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"Due Process" How can I get a Judge to hear my case: Gross Negligence, Medicare Fraud, Personal Injury, etc. in NY?

Waterport, NY |

I need to know how if there is a way to get my case heard before a judge. and if so How do I proceed.
Gross Negligence has already been established (but not pursued as of yet)
I need a law firm asap, few months already have passed, and not that I know I HAVE A CASE AGAINST them for GROSS Negligence on many counts.. my next step is to be heard!
With Medical reports, to support all my claim.

I am yes... looking for a law firm who will review my case? Anyone willing to have a face to face consult? Certain things in my case have been established already.. like I said However, due to certain aspects of special circumstances I need to pursue, but I think I have many different laws that can apply towards my case! Not sure which way I can go? Thank you

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Attorney answers 4


Your question leaves out any information to assist you. Use Avvo's find a lawyer tool.

If this Answer was of assistance please mark it as "helpful." Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


You seem to have all the answers. Why bother hiring a professional who can objectively Evaluate your claims and the evidence your so confident supports a case for all the things you think. Since due process has 2 components a hearing and fair notice. Fair implies enough time to prepare both a claim and a defense. You can't just run into court and expect a fast hearing and a good chance of winning without a good lawyer. Hire one!

LEGAL ADVICE: Unless you have retained me as your attorney, and I am currently engaged by you and providing you with legal advice and services, nothing in this post is intended to be, nor may it be construed as, legal advice.

Brian C. Pascale

Brian C. Pascale


Hire one and listen to what they say.



lol... I am trying to find a lawyer that is why I am here! I am here looking for one. I listed possible areas my case may fall into. Not that I know much about the law at all. I just know what applies to my Potential law suit or possibly even lawsuits. thank you.... :)


You provide absolutely no facts on which any opinion can be based, only your own conclusions. You list medical malpractice, personal injury gross negligence and medicare fraud all in one without any support whatsoever. Gross negligence is not even a cause of action in NY. You will never get a judge to hear your case without commencing a lawsuit, and without hiring an attorney experienced in the appropriate areas of the law you have virtually no chance of success.

In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.


Find a qualified personal injury attorney and schedule a consultation to meet and go over the facts and the records in your possession. Most give a free consultation for personal injury/medical malpractice cases.

My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family"



This seems to be the ONLY problem, to actually get a lawyer to meet with me, and go over ALL the facts and records in person. I can't seem to get by the phone calls! This is exactly what brought me here to post a question, Hopefully someone here will see my post, and want to help me! I was able to get a lawyer to look over the medicals of this 32 day lock in, that was extended longer than the 8 days estimated into a "conversion" against my will, forced drugging 17, forced shock treatments, etc. all done to a person with no Prior Mental Health Issues at all! He did tell me yes! Gross negligence on many errors made, this has been established, and is very clear without a doubt. BUT he said you are past the SOL in NY, and he could not help me. This being said, I had other follow up medicals, for the last 3 plus years, and is still on going at a out patient facility I had to go to due to these meds I was made to take, and "treatment" I needed.. but this "treatment" I needed was because they made me "sick" with all they had done to me while lock up like a animal! This could not of been found out any faster 1. There was no disclosure at anytime through ED, Nov. 2010 to same day Admissions to the inpatient lock in unit of the same hospital where I stayed like I said for over a month, Discharged to fathers custody only in Dec. 2010 Then went right to a Out Patient mandatory of my discharge in middle of same month Dec. 2010, (Had no choice but to go closer to where I was forced to now life, due to the loss of my marriage and home, (also their fault!) Up until Nov. 2013, this was when "disclosure" came out for the first time ever, and in addition to my mind being a little clearer now because I was able to wean off all the drugs that they forced me to ingest, and the shock treatment damage done to me, permanent memory loss, short term memory loss, my every day tasks are a constant struggle daily, simple things I can not and do not think right anymore. :( So once disclosure was given for WHAT I had been treated for all this time..which was NOT for the acute bizarre behavior Incident that happened, but was for a MENTAL ILLNESS OF BIPOLAR of a person whom had a 14 year mental illness who went off her meds, and went crazy! Not only did I not have that prior diagnosis for 14 years, I don't have it now either! while at inpatient hence the way they "treated" me they saw fit! (The outpatient confirms NOT NOR WAS BIPOLAR!) you see out patient also knows now as of few months ago WHY I CAME TO THEM IN FIRST PLACE was because of the mental damage, and condition they (the inpatient) put me in! ONLY! Errors upon errors have been made, and you know why? I WAS NOT TAKING THE ZOLOFT SINCE 1996 FOR DEPRESSION, OR MENTAL ILLNESS OF ANY KIND! IT WAS ALSO IN 1996 GIVEN FOR PAIN! so... here I am today, I lost everything and I suffer everyday with what has happened to me, now even more so that I know the facts of what has happened to me, and why! I hope, and pray at this point.. maybe even you Mr James D. Kiley.... will see through this entire mess that has torn my family apart, including the happy home my 16 year old son also had..that he lost. Not just a mother who could no longer care for him, but a father who was now afraid of his wife. Due to not only the incident that happened on that Nov. 2010, But due to the fact the inpatient hospital as noted in report "Husband does not want her home until better" well you see I was getting better the first few days with the restart of the zoloft. However also noted: Spoke with husband today "Patient is now worse more so than when came here, she will be transferred to state hospital in a few days! So you see the "INCIDENT" that I have no memory of even happening til this day, turned on paper into a "RECURRENT EPISODE" OF HER PRIOR ILLNESS DUE TO THE WEAN OFF OF THE ZOLOFT! OMG!

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