(supervisors may be personally liable as "agents" of an "employer" under title VII); Iacampo v. Hasbro, Inc., et al., *237929 F. Supp. Search consumer complaints, reviews and information about gentle-dental. Work, spoke. Gentle Dental Waltham has every dental service you may need under one roof. 2d 1031 (1997) (holding that Congress did not intend to hold individual employees liable under Title VII); Grant v. Lone Star Co., 21 F.3d 649, 653 (5th Cir.1994) cert. Old manager says she wants to help me. She was just another corporate suit who cared nothing about the customers. One went out. Please forward this message to the correct department and please let me know what my next step is as to get my kiddo into an appointment as he was supposed to today. Like really?? Several weeks after the so-called resolution of my billing issue (in which I still overpaid completely unfairly), and me telling them I would never go to their clinic again, I got a call from Gentle Dental saying "can you come on Tuesday to start on your crown?" When I shared my concerns with my dentist, the team helped me find a cost-effective solution for Invisalignand whitening, too!. The biggest problem is that the replacement tooth is the WRONG COLOR! Our extensive network of neighborhood practitioners makes finding specialists easy. I was refused my normal cleaning. After 2 business days I call them again. Patients can die from surgery if they experience malignant hyperthermia, which is a high fever that results from the anesthesia. On. It is in that context then that the court will consider the claims against the individual defendants. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. My. : , , , . Return my. . Once I got home I immediately saw Id been overcharged, even by their own estimate, because they failed to bill my insurance at all for the filling. With no assistance from anyone there, I have contacted my attorney. Please I am disabled and on S.S. They took impressions 3 times (which was not necessary). Birkbeck, 30 F.3d at 510, n. 1; see also White v. CMA Construction Co., Inc.,947 F. Supp. 657, 679 N.E.2d 252, 258 (1997) review denied, 425 Mass. Gentle Communications is alleged to be a "Massachusetts corporation." Id. And I. I had great insurance and a great job then, and I wanted to get real work done. . Brilliant. Llame al 1-800-673-1889. [protected]@gmail.com. 3 years of going back and forth- being sent to other gentle dental clinics to try to correct the problem - I was told to drive to Mesa, AZ. As noted earlier, Chatman failed to identify the individual defendants in that part of the MCAD Charge that asked her to identify the party that had discriminated against her. I told her that according to their "plan" I should have been done several months ago, and that they had driven so far off the trail that even they had no idea of where they are or what to do.. Received a bill, called billing mgr Rosa. Bhairavi. Chestnut. I noticed the front deskloud voice, which gave the impression On 9/24/22 I submitted an email to [protected]@gentle1.com asking them to check the insurance billing codes. The judge held that her claims were barred by the Act's exclusivity provision. Life is full of momentsplanned and unplannedand were here for all of them. Immaculate office. The worst. This unwanted physical contact included rubbing or leaning against her body, touching her cheeks or knees, and rubbing her shoulders. A. Chatman later dismissed the MCAD Charge and filed a civil action in state court pursuant to Mass. I only had two choices: I could either get X-rays there or get them from a previous place. On. Read full review of Gentle Dental and 1 comment. Anzalone v. Massachusetts Bay Transportation Auth., 403 Mass. c. 152, bars Chatman from bringing separate claims of assault, battery and intentional infliction of emotional distress (counts V-VII) against the individual defendants. . [2] Chatman originally filed an eleven-count complaint in a Massachusetts state court (the "complaint"). There's more, but let me tell you: beware of this outfit. We're proud to always welcome patients into our practices. Out. (recognizing individual liability of supervisory and apparently of non-supervisory employees, as well, under Title VII). 18, 19-20 (D.Me.1995) (Brody, J.) Ruffino, 908 F. Supp. . Co., 1997 WL 311523, at *5 (Mass.Super. Manager. You'll Be Glad you did. cleaning, Find care for my whole Gentle Dental | Complaints | Better Business Bureau Profile Our cosmetic services will give you the confidence to smile bigger and brighter. My wife had already been there before Brettany Tinsley ever started working at the new location, and I had been in there, too, with my wife and we had never had any problems. I need someone help. Return. I want my $700 refund now!! I agreed with the exception that (knowing it would not get done by the wedding day .) I used to be a nervous patient, but not anymore. All submissions are the same experiences I have had with their practice. Out of the five adverse drug reactions lawsuits, two of them resulted in death. With some exceptions, not relevant to the present question, the court, on a motion to dismiss, is limited in its consideration of the legal sufficiency of a plaintiff's claim to those facts alleged in the complaint and the inferences that may reasonably be drawn from those alleged facts. All Gentle Dentals are newly built or renovated and outfitted with the latest in dental technology including digital low radiation x-rays, 3D scanning, intraoral cameras, and even CERC same-day crowns at select locations. The complaint alleges that Van de Rydt and Bornfriend also made unwelcome sexual advances to Chatman, made frequent comments on her sex life and engaged in unwanted physical contact with her. Today he was to go in and have this tooth capped and takin care of. Lattimore v. Polaroid Corp., 99 F.3d 456, 464 (1st Cir. I needed a gingival graft due from my orthodontia treatment when I was young, which resulted in bone loss. To make things clear, I am a retired dental hygienist. My dentist, Dr. Alikpala in Arlington, is caring and knowledgeable. Moreover, she alleges that the three are so closely related and so intermingled in their operations that they constitute a single employer for purposes of Chapter 151B and Title VII. Corp. office. Not only had I been overcharged for the filling, I was charged $88 over the agreed price for the crown itself. We went into the office and was told the dentist wasn't even in the office today who did the procedure and wanted to do more x-rays and just a cleaning. See, e.g., Miller, 991 F.2d at 587-88 (examining legislative history of Title VII); Tomka, 66 F.3d at 1313-16 (same). It is therefore "inconceivable," said the court, that "a Congress concerned with protecting small employers would simultaneously allow civil liability to run against individual employees." Not So Gentle, With over charging there costumers. Our founding dentists believed that taking care of your health should fit your busy schedule. Id never had a cavity in my life, in 45 years but broke a tooth and needed an emergency root canal and left with an estimate for over $4,000 out of pocket (and I have very good insurance coverage, 60/40), including a $410 deep cleaning, two root canals with crowns and 16 fillings (thats right, 16, that I magically developed since my military deployment exam 7 months earlier, when I had 0), most of which were described as 3 surface so extra expensive. I have to drive 100 miles round tripHow many more trips will that take to resolve the problem??? 02130 Immediately. Ave. Jamaica. Gentle Dental Medford 23 Riverside Ave. Medford, MA 02155 (617) 430-6840 Get Directions Dental Office Hours Monday 8:00 am - 7:00 pm Tuesday 8:00 am - 7:00 pm Wednesday 8:00 am - 5:00 pm Thursday 8:00 am - 7:00 pm Friday 8:00 am - 5:00 pm Saturday 8:00 am - 2:00 pm One Saturday a Month Sunday Closed More Information Street parking available. Our trustworthy doctors partner with you to create a personalized treatment plan. Our dentists and specialists provide the highest level of care at each newly renovated, all-digital office. A. They have high turnover of so called dentists. I told her that I wanted to call them to ask for them, as the other place wasn't that far away, I asked for the phone book. Date 5th Nov 2021 morning 10am. He persisted in calling her at home, despite her objections. In other words, the billing at this company is very non-transparent at all. Manager no longer works there. 130, 657 F.2d 890, 905 (7th Cir. "Best dentist Ive had. The attorney began to investigate her claims by calling various employees and friends of Chatman. They don't want you as a client anymore. and the wrong color of a replacement crown, Gentle Dental - billing and excessive charges. Call us to confirm coverage. The denture adhesive they use is rather costly when bought in bulk with probably hundreds of applications. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Chatman, an African-American woman, began her employment with Gentle Communications, Inc., Gentle Dental Center of Cambridge, and the Gentle Dental Center of Waltham (collectively, "Gentle Communications") in November, 1991. I paid almost $4, 000.00 to have 5 teeth pulled and just with a numbing needle. Protect your practice!Our expert dental malpractice tail coverage comes with an experienced team on your side.Get a quote now! 56. (PDF) So, two years later, the question is, what is the status of the suit? Thank you The dentist are the worst of the worst. Some of these cases resulted in death. Bad dental work.. And I found out from their staff that they put their own reviews on their website and www.myrepupation.com more unethical behavior! The denture adhesive they applied didn't even stay in her mouth for 2 hours. Give your child the compassionate and thorough care they deserve. A. Inept. Failure to file a proper charge with the MCAD is fatal to a later claim filed in court under Chapter 151B. No. [Resolved] Gentle Dental Review: Unethical billing practices The alleged misconduct of the defendants, Chatman claims, constitutes race discrimination and sexual harassment made unlawful by Mass. [3] The following facts are summarized from the complaint, and they are taken as true for purposes of the present motion. Find a Dentures and Dental Implant Solutions partner. at 1315 (quoting Miller, 991 F.2d at 588 n.2). Good afternoon. 2d 973 (1982). On a motion to dismiss for failure to state a claim, the court is required to take the factual averments of the complaint as true and to draw all reasonable inferences in favor of the plaintiff. The amended complaint must be filed within ten days of the date of this opinion. Why make an appointment and have him not even there to get my sons mouth fixed. In November 2019, the ADA filed a class action lawsuit against the Delta Dental Plans and the Delta Dental Plans Association. Gentle Dental: Reviews, Complaints, Customer Claims, Page 2 Our in-house specialists have the right solution for you, from traditional braces to Invisalign. Id. Kiely v. Raytheon Company, 105 F.3d 734, 735 (1st Cir.1997). Plain. . She always makes sure Im comfortable, explains the procedure, and makes sure I dont have any questions about the treatment plan. Speaking with various formulations, these courts have, in effect, held that the failure to name a party as a respondent in an administrative charge of discrimination is not fatal to a later lawsuit against that party, so long as the charge was sufficient to give the party notice and the party had an opportunity to conciliate the charge at the administrative level. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. We believe that quality dental care should work with your busy schedule. Because the dentists are unable to check the patients medical history, they give a drug that interacts negatively with drugs the patient was already taking. at *2. This will surely increase the credibility of your complaint. (no individual liability under Title VII), with Lamirande v. Resolution Trust Corp.,834 F. Supp. [12] In most situations, only the employer entity, and not the individual employee/agent, can offer this remedy. I have gone several times to Dr. Rodriguez to get adjustments and I am still not able to eat or chew any food. When confronted said it's normal. We are open late and on weekends so you can get the care you need. By. We value your privacy. Gentle Dental ~ Palm Springs Seccond round: Then the office stated they were going to retrieve prior dental records on 5/16/16. There seemed to be a lack of a plan for treating these issues on the dentists part. The practices offer a variety of services including dentures . After 6 months of hotels, my car and temp housing I need to find a place to spend the rest of my time on this planet. [8] In light of the disposition of the Title VII claims against the individual defendants, discussed in Section V.C, of this opinion, the discussion in this section is limited to the Chapter 151B claims. denied, 513 U.S. 1015, 115 S. Ct. 574, 130 L. Ed. Each time I went there they just had hygienists give me a cleaning. Manager. . The complaint is silent on this subject. denied, 455 U.S. 1017, 102 S. Ct. 1710, 72 L. Ed. One day. Inc., 991 F.2d 583, 588 (9th Cir. A number of courts have already traversed the paths that lead to understanding of the intent of Congress in its use of the word "agent" in 2000e(b). Verified customer. I wont go back again. I still have the temporary plates. (a) Every employer shall post and keep posted in conspicuous places upon its premises summaries of, the pertinent provisions of this title and information pertinent to the filing of a complaint. Whether an employee (especially an employee with supervisory authority over other employees) of an allegedly discriminating employer entity is an "agent" of that employer entity, and thus may be held liable under Title VII, has not been decided in the First Circuit. Dental malpractice is a very unfortunate but real problem for patients and dental health providers. Have. Another asked me to acknowledge that medications (not a specific medication but medications in general) can have side effects. As of January 1, 2020 theCalifornia Consumer Privacy Act (CCPA)suggests the following link as an extra measure to safeguard your data:Do not sell my personal information. I needed a cleaning and reluctantly agreed to the deep clean. I have been overcharged since the beginning (2020) of me using Gentle Dental in Derry, NH. I went from one office to another because my dentist's agental dental retired he was in the middle of doing new dentures for me My case was transferred to gentle dental on Mona Lisa drive-in . Brettany Tinsley gave it to me and I found the place to call, but then she took the phone book away from me and stated that she would look for the number, losing the number I had just found in the process. See also Ruffino v. State Street Bank and Trust Co.,908 F. Supp. We know your patients are an integral part of your dental practice.Download this OSHA compliant checklist for infection control. 1-800-673-1889. Chatman nevertheless asserts that, under the authority of O'Connell v. Chasdi, 400 Mass. I wasnt owed $60.90; I was owed $98.90. Jesus Christ! She MORE than deserved it. Desired outcome: Luckily I always get a 2nd opinion and fortunately it saved me 10 grand! [1] To the extent that they survive the present motion, Chatman's allegations of sexual harassment state claims of both quid pro quo and hostile environment sexual harassment in violation of Chapter 151B. If the practice accepts a policy they agree to accept the amount the policy pays as well as the patients responsibility as payment in full. (941) 924-7920. I told him what I wanted - a formal letter of apology or else we would sue - and he said he would try, but he himself was only an employee of Gentle Dental. Jill, the hygienist was very thorough and quick. No matter what, they take great care of us! Taking care of your health should fit within your schedule. (re-considering earlier position taken in Weeks v. State of Maine,871 F. Supp. 1993). Time: 2:45PM-3PM See, e.g., Estate of Cowart v. Nicklos Drilling Co.,505 U.S. 469, 475, 112 S. Ct. 2589, 2594, 120 L. Ed. then when I was going to make an appointment for the bleaching they told me they couldn't do it. When sinus perforation happened, the dentists failed to diagnose the patient accordingly. Hygienists and dentists are very knowledgeable and skilled. I was in safe hands! All three, along with the rest of the staff, were very professional and pleasant to work with. cert. I am a 70 year old man living in a transit housing for Veterans. FRAUD AND ELDER ABUSE ALERT at 1048 ("Most simply the plain meaning of Section 2000e(b): [is] that both employers, as entities, and their agents, as individuals, are to be bound by Title VII's dictates."). I said I wanted a refund but was told Id have to wait for insurance to pay the claim and then see if I owed anything. Thats illegal. 562, 571 (D.R.I.1996) (Lagueux, J.) Last time for my root canal I paid $700 and they still came to me asking for $90 more a month later. Pocket. My insurance does cover an every-three-month perio schedule. "); Ruffino, 908 F. Supp. They pulled two teeth, and I was told to wait a month, then they pulled two more, and said they would call me in a month, to get fitted, have the plates built, then have the last teeth pulled, and the upper and lower plates in place, on the day I have the last teeth pulled, and would go home with the job done. Unsubscribe at any time. The Supreme Court has said, however, that "in expounding a statute, we must not be guided by a single sentence or member of a sentence, but look to the provisions of the whole law, and to its object and policy." That an office that's great for the kids can also be great for the grownups. Accordingly, the Title VII claims brought against the individual defendants in count IV are DISMISSED. If the dentist or oral surgeon failed to provide the proper medications for recovery, they were liable for covering the hospital visit. didn't bother to inform me in advance that I would need X-rays. Among the problems caused by endodontic procedures are instruments left in canals, nerve and sinus perforation, air embolisms, and life-threatening infections. The up selling. ComplaintsBoard.com is a leading complaint resolution website on the Internet. Are there any ethical dentists practicing anymore? Of the lawsuits related to implants, many were related to implants being lost.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[250,250],'teamais_net-large-mobile-banner-1','ezslot_6',112,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-large-mobile-banner-1-0'); A treatment plan following the loss of the implants seemed to be either lacking or non-existent. Not even the most careful dental professionals are perfect, which is why dental malpractice tail coverage is so valuable.Let our team get you covered.Get A Quote! Regulations implementing Chapter 151B provide that the charge must include "appropriate identification of the Complainant(s) and the person(s) alleged to have committed unlawful discriminatory acts." I do not recommend this to anyone. Foul. St. Jamaica. After few years of coming in this office, and with this bad customer service definitely, I will be looking for a new Dental Office. I have spoken with Dr. Zeigler (the CEO) and he promised to work with me and now I can't contact him. Gentle Dental is my favorite dentist office I have ever been to. The Department of Justice won multimillion-dollar settlements against two other dental chains, alleging they had defrauded Medicaid by performing unnecessary root canals on children. Here are the most common reasons for most common dental malpractice claims. Now almost three years later all I have for my money is my temporary plates. 1997) (supervisors may not be held individually liable under Title VII); Miller v. Maxwell's Int'l. On another occasion, Bornfriend and other men in the office generated a computer image of Chatman's face and taped it onto a Playboy magazine centerfold. Did anyone really think this through? More legal. A truly wonderful team of talented people! Gentle Dental is a multi-specialty group practice in New England with 38 convenient locations across Massachusetts and New Hampshire. Glus, 562 F.2d at 888; Virgo v. Riviera Beach Assoc., Ltd., 30 F.3d 1350, 1359 (11th Cir.1994)[9]; see also Winbush v. State of Iowa by Glenwood State Hosp., 66 F.3d 1471, 1478 n. 9 (8th Cir.1995) (finding "sufficient identity of interest" between named and unnamed defendants so as to provide notice of the EEOC charges to the unnamed defendants); Nogueras v. University of Puerto Rico,890 F. Supp. Debbie didn't care and I told her I would sue . Both Tabbitha Pollard and Brettany Tinsley of Oklahoma City, I found out today, refused to apologize in any way, shape or form, and they were actually supported by the corporate office. Gentle Dental - Not checking if they accept your insurance before the treatment Gentle Dental - painful root canal after several months. Ineptness. Thus the claims above are those that remain before this court. ALL THEY WANT IS YOUR $$$$$$$$$$$$$$ ! But when someone stands over you with a clipboard that gives you the ability to finish your dental work, you sign and pay. Because the deficiencies in counts I and IV as to the individual defendants may be curable, however, Chatman is given leave to amend the complaint. His incompetent staff has just screwed up and I believe I will be looking for another dentist. [7] This section of Chapter 151B allows a charging party to dismiss the charge filed with the MCAD within ninety days after filing (or sooner if a commissioner of the MCAD consents in writing) and commence a civil action. A: We have our own in-house discount dental plan called the Gentle Dental Smile Plan. So, they left me, in agony, over the weekend, for what? His no. First, a bit of background information. [13] A criticism leveled at those courts which hold that the agent clause is a codification in Title VII of the respondeat superior doctrine is that that approach renders the word "agent" as used in 2000e(b) "mere surplusage" because an employer, under agency principles, is responsible for the acts of his employees acting in the course of their employment. Deadbeat company. The claims asserted in those counts with respect to Gentle Communications, however, remain viable. I cannot even get a name to talk to.Julia Lynch. Under the court's current scheduling order, the earliest this case potentially could proceed to trial would be sometime in 2024, according to ADA's Division of Legal Affairs. It is not possible to determine from the matters properly before the court, however, whether the individual defendants had notice of and an opportunity to conciliate the charges against them at the MCAD. My daughter's appointment was supposed to last an hour, so we wait for her in the car and at the nearby Fred Meyer. Along with general dentistry, each location has specialty services which allows for high quality, coordinated care. Gentle Dental in Nashua NH took all of the money in my Health Savings Account. GENTLE DENTAL WEST SEATTLE - 31 Reviews - 4151 Fauntleroy Way SW Ins. [9] The Eleventh Circuit, for example, considers the following factors important: (1) the similarity of interest between the named party and the unnamed party; (2) whether the plaintiff could have ascertained the identity of the unnamed party at the time the EEOC charge was filed; (3) whether the unnamed parties received adequate notice of the charges; (4) whether the unnamed parties had an adequate opportunity to participate in the reconciliation process; and (5) whether the unnamed party actually was prejudiced by being excluded from the EEOC proceedings. For this total amount 5 teeth were pulled. LUS CEEV: Yog tias koj hais lus Hmoob, cov kev pab txog lus, muaj kev pab dawb rau koj. A literal reading of the phrase "and any agent of such person" appears to indicate that each of the employer entity and its employee/agent can have separate liability under Title VII. Each time I went there they just had hygienists give me a cleaning. Start all over project.. All Rights Reserved. denied, 510 U.S. 1109, 114 S. Ct. 1049, 127 L. Ed. They did not crown but created a mold with filling material. In four years of going to his office he never once looked in my mouth. The complaint alleges that Van de Rydt, Bornfriend and other dentists at Gentle Communications made racial slurs and racist comments in Chatman's presence, specifically, comments to the effect that black men were drug dealers, carried guns, or were possessed of large penises. Wanted to like this place but it's just been bad experience after bad experience. Submit a complaint and get your issue resolved. I mean you can't imagine a talented dentist would work at the McDonald's of dentists. Dr. Anthony is the Best! The court is fortunate in not having to undertake this task as a matter of original *239 inquiry. Desired outcome: Well take care of the teeth youve got, and the ones you dont. I went for a visit and they claimed i needed a deep cleaning i told them that's strange i should not need that I usually get cleanings twice per year they then claimed i had 6 cavities, i needed my wisdom teeth removed and I needed a crown. Id. In November, 1993, she sought medical treatment for her symptoms, which included fatigue, insomnia, nervousness, eating problems and depression. See Charland v. Muzi Motors, Inc., 417 Mass. Times. Actions, Gentle dental waltham MA. We are in-network providers with most major dental insurance companies. Because of this, they failed to refer the patient for treatment.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[250,250],'teamais_net-leader-2','ezslot_13',111,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-leader-2-0'); Complications following endodontic procedures are the second most popular cause of a dental lawsuit. All Gentle Dental practices offer orthodontics for both adults and children including traditional braces and Invisalign clear aligners. I look forward to hearing from you in a timely manner! In substance, the exclusivity provision of the Act provides that the Act shall be the exclusive remedy for personal injuries arising out of employment, unless at the time of forming the employment contract, the employee reserved his or her right of action for such injuries. They didn't bother to call. I have Delta Dental insurance. See Tomka, 66 F.3d at 1316; see also Birkbeck, 30 F.3d at 510 (noting similarity between ADEA and Title VII and holding that use of the term agent in the definition of employer in ADEA is "an unremarkable expression of respondeat superior that discriminatory personnel actions taken by an employer's agent may create liability for the employer.").
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