gentle dental lawsuit

gentle dental lawsuit

at 690-691, 511 N.E.2d 349. The alleged misconduct of the defendants, Chatman claims, constitutes race discrimination and sexual harassment made unlawful by Mass. Our cosmetic services will give you the confidence to smile bigger and brighter. I arrived there on June 17th at 11:00 am CST for my first appointment. The court noted, however, that Congress did not repeal the exemption for defendants with less than fifteen employees. Gentle Dental reviews & complaints 33 complaints 9 resolved 24 unresolved File a complaint Table of contents Claim listing Follow Share Complaints Profile Gentle Dental reviews 33 M Mouth Guarded of Rancho Cucamonga, US Nov 29, 2022 10:34 am EST Verified customer Featured review Billing errors - unprofessional attitude 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 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.. Id. It only gave them about 3 weeks. at 572; Ruffino, 908 F. Supp. A copy of the written consent form that was signed prior to the surgery (if any other treatment happened without consent, this will push the case in the patients favor), Record all of your patients history with you, A treatment plan for any injuries or complications experienced, Notes are written regarding the procedure. Chatman's physician advised her that her physical illness stemmed from the sexual harassment she faced at work, and that she should see a psychotherapist. I have excellent oral hygiene. Prior dental office was never faxed. The superior court dismissed the action on the ground that the plaintiff's claims of discrimination were precluded by the MCAD decision. family. 1019, 1048 (D.Mass.1995) (holding that individual liability exists under c. 151B). A: We have our own in-house discount dental plan called the Gentle Dental Smile Plan. Co. v. Dedeaux,481 U.S. 41, 51, 107 S. Ct. 1549, 1555, 95 L. Ed. I had a dental emergency that led me down this ridiculously expensive path and was thoroughly fleeced for my trouble. From cleanings and exams to more specialized services such as root canals and crowns, we provide all dental services under one roof saving you time and money. 2000e-10 provides, in relevant part. She also refused to provide me with an itemized receipt of charges and refused to provide me with corporate contact. Id. Because the complaint here does not allege that the individual defendants had notice of the MCAD Charge and an opportunity to conciliate it and because notice and an opportunity to conciliate cannot be reasonably inferred from allegations in the complaint, the claims asserted in counts I and IV are dismissed as to the individual defendants. The complaint is silent on this subject. There may be more specific results for "gentle-dental" . Everything dealing with payment is very rushed, for what should be obvious reasons to anyone whos fallen victim to their billing practices. ATTENTION: If you speak English, language assistance services, free of charge, are available to you. Crown. Fiasco not. 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. However, even though he was with another patient at the time of this stupid and avoidable incident, he could have come out to save Gentle Dental from losing many good paying clients. Would also recommend their periodontist. Smith Co., Inc., 42 Mass.App.Ct. What type of company stays in business treating people like that? For this total amount 5 teeth were pulled. You folks better read that. Good afternoon. I would have to dig them out of my 10 ft by 20 ft storage locker and needed time. Debbie didn't care and I told her I would sue . [10] The statute provides, in relevant part, that it is unlawful for an employer: An "employer" includes a "person engaged in an industry and any agent of such person." Thus, the court granted the motion of the defendants Van de Rydt and Toltz to dismiss the defamation claim against them; denied the motion of the defendant Bornfriend to dismiss the defamation claim against him; denied the motion of the defendant Toltz to dismiss the assault claim against him; and denied the motion of the defendant Gentle Dental Center of Waltham to dismiss. The dental office staff is friendly and even with a simple little filling, I will get a call later that day to make sure Im okay. By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. [10] Sexual harassment can be a form of sex discrimination actionable under Title VII. Your smile? [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. My daughter's appointment was supposed to last an hour, so we wait for her in the car and at the nearby Fred Meyer. Info. DuPont de Nemours and Co., 100 F.3d 1061, 1078 (3rd Cir.1996) cert. I have already paid for his treatment in full, but did not realize an orthodontist was not part of the package. 15 minutes before the scheduled appointment's end. Son still needs his tooth fixed. He often commented on various of Chatman's physical features, including what he described as the fullness of her lips. Desired outcome: I drove to the location that is across town, 7260 W. Lake Mead Blvd, Las Vegas 89128. [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. 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. In this action, the plaintiff Nikki Chatman ("Chatman") alleges that the defendants who, she asserts, are one or more of the following: her employers, her supervisors and her co-workers subjected her to sex discrimination (in the form of sexual harassment), race discrimination, retaliation and other wrongful conduct in connection with her employment and the ultimate termination of that employment. I had not seen him leave! Steer Clear of Gentle Dental. The denture adhesive they use is rather costly when bought in bulk with probably hundreds of applications. You lost a lot of business! Let our team get you coverage. 42 U.S.C. Out. Gentle Dental Waltham has every dental service you may need under one roof. My upcoming appointment was going to be $195.10. After getting a person there who said she would get them faxed right over to me, I filled out the three forms you fill out as a new patient. Ward. Protect your practice!Our expert dental malpractice tail coverage comes with an experienced team on your side.Get a quote now! 12(b) (6) from considering documents beyond the four corners of the complaint, unless the motion is converted to a motion for summary judgment under Fed.R.Civ.P. I need them to send the unused money back to my credit card or my credit will not allow me to rent any apartment. Work on. [12] In most situations, only the employer entity, and not the individual employee/agent, can offer this remedy. The court reasoned further that, with the passage of the 1991 Act, Congress explicitly set forth, in the remedial provisions, certain caps on the compensatory and punitive damages that may be awarded against employer entities, calibrated to the size of the employer. I agree with you. The office stated it was lunch so everyone was gone. That was (according to them) and overcharge of $60.90. Mass. I have had the same issue many other reviewers have had. Id. The entire discussion, confined to a footnote, was: 981 F.2d at 578 n. 2. Best dental care around! In addition, the Act not only covers claims for personal injuries stemming from negligence, but also claims for intentional torts committed in the course of the employment relationship. 02130 Immediately. I started on a plan to get an upper plate, and a partial lower, in Feb. 2022. In December, 1993, Chatman filed a charge of discrimination (the "MCAD Charge") with the Massachusetts Commission Against Discrimination ("MCAD"). . And it still left me with $195 to pay for the other half of the cleaning. HOW RUDE! I asked if they could at least get me bottom false teeth for my daughters wedding on July 30th, 2017. A. . My. The Saturday hours are a huge plus at this dentist in Belmont. This crown was never on my treatment plan, by the way, and I never heard about it before. Actions, Gentle dental waltham MA. We know your patients are an integral part of your dental practice.Download this OSHA compliant checklist for infection control. Yes, I was pretty nasty, with her. I was charged and fully paid for a mouth guard but they never fulfilled the order and I never received it. I agreed to do this but just found out just a few days ago that my final bill states that my partial dentures were uncovered. 3 years of going back and forth- being sent to other. Atrocious behavior on fixing past problems. I need them to give me a bill and they will not. That's what he's doing." at 2408). Shody. I wanted to get a broken tooth fixed after I decided to take off my braces with them, it was just a small part of a corner of the tooth, it was something very small, you could barely noticed it, but it had been bothering for months after it broke not getting a refill, but at gentle dental chula vista they said I needed a crown because the refill wasnt gonna Bengal dental bad office manager bags in now susan pimentel at gentle dentist of my $700 for bad dental work including their corporate office in waltham ma please legal and ada mea call susan pimental like them at [protected] and ask her where b is my refund so using this atrocious misjustice ada & mea and mass dept of licensure legal staff fro many of lying employees I have dealt with in the past dr mancinigone from there and dt prezhennski niw at premiere dental in water tom need a senior manager to take charge this office us located at 612 centre st jamaica plain, na 02130 stay away! There are many requirements to win a dental malpractice lawsuit and some people have won. After she had difficulty finding the place I wanted to get the X-rays from, she gave them back to me to find them. When I shared my concerns with my dentist, the team helped me find a cost-effective solution for Invisalignand whitening, too!. Pet Professional Question: Is It Hard to Be a Dog Groomer? My insurance does cover an every-three-month perio schedule. I requested they allow him to go to Portland, OR so the orthodontist could at least move his treatment forward. On Monday the 8th of Nov. Times. In interpreting Massachusetts anti-discrimination statutes, Massachusetts courts often seek guidance from interpretations of analogous federal statutes, although, of course, Massachusetts courts are not bound by those interpretations. Awful dental. 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). Its never too early to protect your smile. No one called back. Tomka v. Seiler Corp., 66 F.3d 1295, 1313 (2nd Cir.1995) (individual supervisors exercising control over plaintiff are not personally liable under Title VII); Sheridan v. E.I. [8] These defendants assert *233 that they were not named as respondents in the MCAD Charge. David Burger I have gone several times to Dr. Rodriguez to get adjustments and I am still not able to eat or chew any food. Meritor Savings Bank v. Vinson,477 U.S. 57, 64-65, 106 S. Ct. 2399, 2404-05, 91 L. Ed. Of the patients who survived these complications, a few had brain damage which made a lawsuit necessary. Deductible. April 21, 1994), that court considered a lawsuit stemming from a charge Sobotka filed with the MCAD that had listed only the Westfield Savings Bank in the part of the charge form that called for the name of the party alleged to have discriminated against her. She takes the time to show you pictures of your teeth and why she recommends a certain procedure. Office b. The MCAD's decision indicates that the commission concluded that the actions of the individual defendants were not based on the plaintiff's race or color." I received my EOB from my insurance a week before my second half cleaning appointment, which I was already dreading anyway. Routine dental checkups are important for a healthy and confident smile. Desired outcome: Not wait any longer I demand. The First Circuit, however, has not decided directly the nature of the identification of a party that must be made in an administrative charge of discrimination so that that party may be properly held to answer in an ensuing civil action for discrimination (adverting to, without deciding, whether factors set forth in Glus v. G.C. Of my. Watterson v. Page, 987 F.2d 1, 3 (1st Cir.1993). Thank you, you have successfully subscribed to our newsletter! Will. 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. 156, 508 N.E.2d 587, 591 (1987). Healthy, confident smiles for life is our mission at Gentle Dental. I spoke with the dentist we were supposed to see . Unsubscribe easily. On appeal, the Supreme Judicial Court affirmed, holding, as to the claims brought against the individual defendants: "While the individual defendants were not named parties in the MCAD proceeding, their conduct was at issue. Chatman later dismissed the MCAD Charge and filed a civil action in state court pursuant to Mass. Year after year our offices are named Choice Dental Office in their towns and regions by Readers Choice Awards. Ruffino, 908 F. Supp. 12(b) (6). Joke!! Malpractice lawsuits are huge! Violette Co. Inc.,897 F. Supp. I went to the location in Pompano beach Fl down the street from the pompano fashion square this is total fraud. Money. Sign up to receive our free weekly newsletter. June 4, 1997) ("Because the MCAD complaint failed to identify [two individuals] in the indicated box, `appropriate identification' [of them] was not set forth," even if those persons were referred to in the "particulars" section of the charge.). Viewed in this way, the agent clause is not "mere surplusage,"[13] but serves an independent purpose. Gi s 1-800-673-1889. Do you agree to download this file? The court, however, may not consider those allegations in connection with the instant motion. A link has directed you to this review. As I was doing this, Brettany Tinsley handed me a card with her regional manager's name on it. Dentist Gentle Dental Complaints Complaints Gentle Dental Dentist View Business profile Customer Complaints Summary Business's Response Rate: 49% Why is this important? Now I find I owe $626.46 which I did not budget for. 9. I had a top and bottom partial set made at the end of last year that then cost approx $3, 600.00. You already receive all suggested Justia Opinion Summary Newsletters. And they are paired with the most up-to-date technology. We're no longer going to see you as a patient here. While hospitalization from infection is the reason for many lawsuits, unfortunately, some patients who experienced infection died as a result.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'teamais_net-leader-1','ezslot_5',110,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-leader-1-0'); In the case of severed nerves, the damage was permanent. Once again, Brettany Tinsley took the phone book from the counter and made the call herself. It's been three days and not a word. 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?" I was awaiting appointment aftterrr a through mes up on a crown and awaigin deep scaling, paid them over $500.00 did not get my money worth wnt deepy scalinf for free and a through cleaning at another one of thei offices.No denatl insurance at this time due to their ineptitude! Id. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. College-Town, Div. Tomka, 66 F.3d at 1316 (citing Meritor, 477 U.S. at 72, 106 S.Ct. If she had told me before I had come in, I could have brought them with me, as I had them, but she made no mention of that. 7/1/2022 - When I was originally quoted a price for partial dentures I was told my insurance would pay approximately half of my bill and I would have to pay the other portion out of my pocket. It thus appeared to the Second Circuit, as it had to the Ninth Circuit, that Congress had contemplated that only employer entities, and not individual employees as agents of the employer entity, could be held liable for compensatory and punitive damages because. I am totally frustrated with their bad communication and horrible service. Dist., 121 F.3d 446, 1997 WL 467573 (8th Cir. YOU GET WHAT YOU PAY FOR, AND IT'S NOT WORTH IT! I want my money back, over 900 dollars for the discolored front tooth replacement crown! His incompetent staff has just screwed up and I believe I will be looking for another dentist. Are you going to reimbursement me for your mistake?? The motion to dismiss the intentional tort claims, Counts V-VII, is GRANTED. The uppers were paid for in 2014 and the lowers paid for in 2015. St. Jamaica. [11] If "employer" were read consistently throughout the statute to include supervisors as agents of the employer, it would lead to the problematic result that individual supervisors would also shoulder these burdens. Ma 02130, Return my. Im intimately familiar with insurance billing practices and collections. I don't know whether that's from the main office, or what." My. On. Given that I had already had sufficient doses radiation from X-rays from dental cleanings both abroad and in the USA over the past year or so, I declined and told her that yet another dose of radiation in such a short period of time would be very unhealthy. and the wrong color of a replacement crown, Gentle Dental - billing and excessive charges. When asked in the charge form to describe the particulars of her charge, however, Chatman set out in detail the conduct of the individual defendants which she claims constituted discrimination and sexual harassment. Two weeks later, on December 1, 1993, Gentle Communications terminated her position, saying that she was an unsuitable employee. Please I am disabled and on S.S. (b) A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense. 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. This week, the lawsuit was settled for . Very patient last. Id. Hello! There is no grievance dept for gentle dental in AZ New manager took over has no clue what to do.. Told me to call other gentle clinics.. Been a runaround is what I went thru---3 years. FRAUD AND ELDER ABUSE ALERT The most common reason for adverse drug reactions is negligence in the dentist checking the patients medical history. Rather, they say, Chatman only identified "Gentle Communications" and "Gentle Dental centers" in that section of the charge form requiring that she name the parties who are alleged to have discriminated against her. The better you understand what can cause a dental malpractice lawsuit, the easier you can avoid one. One Massachusetts trial court, however, has ventured an opinion on the question. Id. Scheduled an appointment for him ..which ended up being today a couple months later. In a leading recent opinion, the Second Circuit thoroughly analyzed Title VII and its legislative history, and observed that the agent clause is part of a sentence that limits liability to employers with fifteen or more employees. They cleaned my teeth. You cant knowingly overcharge a patient and hang onto the payment on the off chance insurance doesnt pay what you hope to receive. If the charge put that party's conduct at issue and if the party was on notice of the charge and had an opportunity to participate in the MCAD proceeding, then the party appropriately may be named as a defendant in a later civil complaint alleging a violation of Chapter 151B. Centre. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. 3 years going there for 1 implant that went wrong. To make things clear, I am a retired dental hygienist. I made an appointment for my 84 yo mother-stating very clearly that it was for a very loose fitting lower denture, we wanted to look into implants and plate and that she had UHC supplemental. She told me that I could call and get the X-rays, but she said right then and there that I would not get them for at least 2-3 days. Staff is exceptional and truly caring. Gen. L. c. 151B 4, Subsections 4A, 5 and 16A. Pocket. Of. never treat your customers or even your worst enemy like thatNo! Enjoy reading our tips and recommendations. Counts I and IV in their present form remain as to Gentle Communications. The complaint alleges that Bornfriend displayed similar offensive conduct. Whether you're new to town, need to restart your dental care, or are looking for a more convenient dentist, our New Patient Offer is a great introduction to our practice. 515, 517 (D.Me.1994), the court rejects individual liability under Title VII); and Hernandez v. Wangen,938 F. Supp. Immaculate office. ), cert. A dissatisfied customer, The doctors at this practice are OK, however, the billing department is not gentle at all. Times. Patients can die from surgery if they experience malignant hyperthermia, which is a high fever that results from the anesthesia. gretchen Bryson. [6] On a motion to dismiss for failure to state a claim, the court is ordinarily precluded under Fed.R.Civ.P. The Second Circuit offered an alternative interpretation of the agent clause in Title VII. 1-800-673-1889. 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. When confronted said it's normal. Some of our locations are even open 7 days a week! 563, 664 N.E.2d 815, 818 (1996) ("Except for certain exceptions not applicable here, intentional torts are covered by the [Act], even when they are committed by coemployees. Paid. Crooks, crooks, crooks And dr. Fergunson lies What a terrible practice! Get free summaries of new District of Massachusetts US Federal District Court opinions delivered to your inbox! Van de Rydt repeatedly asked Chatman to date him. As for the view of the other circuits on the question of individual liability, there appears to be an emerging consensus that an employee who does not otherwise qualify as an "employer," is not individually liable under Title VII. $2, 000.00 max and to my surprise a deductible over $200.00. 231, 234-35 (E.D.Va.1996) (noting controversy over whether Birkbeck eviscerated the holding in Paroline; collecting cases reflecting intracircuit split). 541 N.E.2d at 341. The men then called Chatman into a conference room and suggested that she had posed for the centerfold while asleep or drunk the night before. I have an ongoing email trail with them stating that I have been overcharged, and they only say they know I have and that it has been corrected each time. They will not provide the 2 free cleanings that the insurance company allows for. Work on. At any rate, both Brettany Tinslet and Tabbitha Pollard started going behind closed doors and making calls to various Gentle Dental offices. I may yet. Still. Did they think I would not hear or be able to read their lips? I read that there is litigation against the parent company concerning medi-cal fraud (Gentledentalsucks.com). This office has been through 9 dentists, in the last three years. 2d 372 (1994) (holding that individuals cannot be held liable for damages under Title VII); Haynes v. Williams, 88 F.3d 898, 901 (10th Cir.1996) (reaffirming Sauers v. Salt Lake County, 1 F.3d 1122 (10th Cir.1993), court holds that Title VII "liability is appropriately borne by employers, not individual supervisors"); Smith v. Lomax, 45 F.3d 402, 403-404, n. 4 (11th Cir.1995) (no individual liability under Title VII); Gary v. Long, 59 F.3d 1391, 1399 (D.C.Cir.) then when I was going to make an appointment for the bleaching they told me they couldn't do it. 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. 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. Turning to remedial provisions of Title VII, the court noted that, before the enactment of the Civil Rights Act of 1991, 42 U.S.C. I stopped to talk with my wife for a second and to listen to our baby-to-be's heartbeat, as she was getting an ultrasound. For more information about reviews on ConsumerAffairs.com please visit our Their dental record will have to contain the history of their care, the procedures youve performed, future treatment plans, and necessary communication between the dentist and patient. I was a happy customer of Gentle Dental. FAQ. Click here to get notifications about new complaints of Gentle Dental. The court did not rely on the charge itself for evidence that the comptroller had had notice of the charge, but pointed to correspondence of the comptroller to the MCAD, in which the comptroller denied the charge, as evidence not only that he had had notice of the charge, but that he had participated in the conciliation process. I'm done with Dental plans! Receptionist answered and put me on hold twice and said she couldn't reschedule my appointment. On January 13, 2021 and had my teeth extractions and dentures put on. They failed to give me a correct estimate with the insurance, and a few months after my visit sent me a bill with no explanation whatsoever (like just a random number), and it took me many days to get them to explain and change this bill. I have been a patient at this office for 10+ years and would recommend Gentle Dental Wakefield to anyone for their next dentist appointment! 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. Here are the most common reasons for most common dental malpractice claims.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,100],'teamais_net-large-leaderboard-2','ezslot_14',118,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-large-leaderboard-2-0'); Complications such as infection, severed nerves, and sinus perforation are the most common dental issues requiring a lawsuit. Tomka, 66 F.3d at 1314, (citing Miller, 991 F.2d at 587). , : 1-800-673-1889. When left untreated, periodontal disease can cause teeth to loosen and fall out, heart attack, stroke, or other cardiovascular issues. I took an hour off from work and after waiting, the receptionist advised me that I cannot have my appointment for a cleaning until I see the dentist for an assessment of my teeth & gums and she requested that I reschedule the appointment. I have been a supporter and recommended the services to multiple friends. In her brief in opposition to the present motion and in papers accompanying the brief Chatman alleges facts concerning the notice to and participation of the individual defendants in the proceedings before the MCAD. Powers v. H.B. Chatman nevertheless asserts that, under the authority of O'Connell v. Chasdi, 400 Mass. So, they left me, in agony, over the weekend, for what? 5 months later I get a call from the corporate office stating I had a $1000.00 late bill and was going to collections.

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