BK Managing Shareholder David Betras provides insight/info on medical malpractice, insurance companies, flooding, during Free Legal Advice Monday broadcast on WFMJ Today

OK, OK, it wasn’t exactly the first Monday of the month, but due to circumstances beyond our control BK Managing Shareholder David Betras spend the morning of April 13 answering questions from viewers on the set of WFMJ Today. You can watch the episode here.

He’ll be back on Monday, May 4, so if you have a question for David call 330-744-8821 during the show, DM us on our Facebook page, or email your question to wfmjtoday@wfmj.com David will be happy to help in any way he can.

Here are the interesting and informative queries he handled deftly during the broadcast…

Question 1: I’m wondering if there is anything I can about this. I had a breast cancer reconstruction surgery which my health insurance company refused to pay for. They said they didn’t cover it because it was coded as cosmetic surgery.

I contacted the doctor, the insurance company, and the hospital. The hospital denied that the procedure had been coded incorrectly. I appealed the Insurance company’s decision and they denied it again. As a result, I now have a $20,000 debt that’s been turned into collections.

I haven’t paid anything yet. Five years later they offered to settle for 10% There is more to the story, but any advice David can offer will be greatly appreciated.

David’s answer: I hate insurance companies. I would have fought the insurance company on her behalf. She could have filed suit against the insurance company. I’d have to see the policy, but this is ridiculous. It sounds like she had breast cancer and had a mastectomy or a partial mastectomy, and that’s part of the treatment. It’s not cosmetic. She’s not going in for a breast enlargement. She had the surgery because they removed a breast. It’s ridiculous. She still has time to hire an attorney and pursue this because the providers are continuing to attempt to collect their money.

Question 2: If I’m married and making my will but don’t want my partner to be the beneficiary of my estate, can I designate someone else to take charge of my belongings or does it have to be my spouse?

David’s answer: Unless you have a prenup, the law protects a spouse. So, if you make a will and try to cut out your spouse, she or he… can elect against the will because under Ohio law you must provide certain things for them.  So, you can’t cut them out altogether, but if you see a lawyer they will tell you what you must give them by law.

Question 3: My basement flooded due to all the rain we got recently. It has never happened before. I’m concerned it may have something to do with work the city is doing near their road. Who should I contact to look into this situation?  Should I contact an attorney or have someone do an inspection first?

David’s answer: I would get an inspection first. You have to determine where that water came from. I also suggest that they contact their council person to find out if the city or the contractor doing the work has insurance that would pay for the damage. If that doesn’t work, you could try to turn it into your homeowner’s insurance, but the insurer is going to want to know where that water came from. So, inspection first, city council person next. and your insurance company at the same time.

If you don’t get any relief it’s time to get a lawyer involved.

Question 4: I use a cell phone for work. Is it legal for a company to require me to add apps like a time clock or an app allowing them to contact you for work on your personal cell phone? Can I refuse to use my personal cell phone for work?

David’s answer: Yeah, but then they can fire you.  You have a fair point. If you don’t want them doing that, then just say you’re not going to do that, and then they can fire you, and there’s nothing you can do about it because Ohio is a will to work state.

That’s the way the cookie…

I hate these apps because I have so many passwords. A lot of times, you don’t go in and use the app, and then when you have to, if it didn’t recognize your face or something, I’m like, oh, God, what was the password on this? I can’t remember all these passwords. You’re going to reset it and say, oh, you can’t use a previous password. Yeah. Ah! We feel your pain. Honestly, these passwords are driving me nuts. Driving us all nuts.

Question 5: I bought cars for two of my family members. Both times, I have paid cash for the car. One time, it involved a trade-in. My question is, why do I have to pay a $300 to $400 documentation fee?

David’s answer: I don’t know why you’re paying a $300 to$400 documentation fee. Did you ask the dealership?

Caller: Well, no, unfortunately, I did not.

David: Well, I don’t think every dealership charges a documentation fee. There’s licensing fees and titles, but they’re not $300. I just bought a car. I didn’t pay any documentation fee. I always buy extra insurance on my wheels because I always hit my wheel rims. As it relates to this situation, I would go to the dealership and ask them what that documentation fee is’ what they charged you $300 for, okay?

Caller: Do I have any legal recourse?

David: I won’t know that until they’ll tell you what the documentation fee is for. And then if it sounds bogus, you can take them to small claims court for it.

Question 6: Can a landlord charge a pet deposit for an emotional support dog?

David’s answer: No. I don’t think so under the Americans with Disability Act. The dog is not a pet. It’s a service animal. So, I would contact the Ohio Attorney General and see if they can help you.

Question 7: Can you claim your children on taxes even if your kids are being taken care of by grandparents?

David’s answer: That’s better for an accountant, but if you have dependents and probably,unless the grandparents are taking the deduction, if they didn’t do anything formal through the courts they probably could still take the children as dependents.

Question 8: A person says their and their neighbor’s basements have flooded with sewage several times over the last 20 years. The city’s come out to take a look at the drains a few times, hired someone to inspect them who said the answer was inconclusive. They city keeps saying they’re going to fix the problem, but so far hasn’t. The person’s gone to city council meetings to complain. They were flooded again two weeks ago with heavy rain and more sewage water, which ruined more belongings.

So is the question: is there any way they can sue the city or take some sort of legal action to make tcity officials take the problem more seriously?

David’s answer: First, I would get an independent inspection to determine why this is happening.  If it is the city’s fault you may have recourse because they’ve been on notice about the problem.

You’ll want to turn this into your homeowner’s insurance, of course. But you want to make sure you get the problem fixed. So start by having an independent party diagnose the problem.

Question 9:  This person says a friend of hers lost her baby after a C-section when medical professionals neglected a fetal monitor that showed the baby’s heart had stopped. Twelve minutes went by before anyone did anything. In addition, sponges were then left inside of her, she got an infection she had to go back in and have them surgically removed. Does she have a medical malpractice case?

David’s answer: Absolutely she has a case. There’s definitely something wrong if the situation is as described. Please have your friend contact us at 330-746-8484 so we can talk to her and evaluate what happened. There’s no charge for initial consultations.

Tune in on  May 4 for the next episode of Free  Legal Advice Monday on WFMJ Today…