gentle dental lawsuit

The root canal still hurts as for today. The court is fortunate in not having to undertake this task as a matter of original *239 inquiry. College-Town, Div. The insurance company, Starmark, is so incompetent they had all the wrong information and won't contact Gentle Dental to mediate. service, no contact -3 2 years of my dental insurance expired, painful root canal after several months. 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. All three, along with the rest of the staff, were very professional and pleasant to work with. This week, the lawsuit was settled for . Some of these cases resulted in death. Vets a stay away! Ive been Long story shortunless you have OHP or other state funded health care they won't even pull your tooth. I arrived there on June 17th at 11:00 am CST for my first appointment. 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. (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. Each time I went there they just had hygienists give me a cleaning. 5 months later I get a call from the corporate office stating I had a $1000.00 late bill and was going to collections. I went to Gentle dental Northpointe, Weird. Proper documentation is going to be the key to your client winning a lawsuit. My upcoming appointment was going to be $195.10. She helped me from start to finish and even checked on me after the root canal. perhaps a "pass the trash" situation from her last job . Call or text Advantage Insurance Solutions at (877) 658-2472 today! 804 CMR 1.03(4), (a). This view holds that when the statute is read literally, the inclusion of the phrase "and any agent of such person" means that the employee/agent is a person, separate from the employer, who *238 may be liable individual for his own acts in violation of Title VII. Tomka, 66 F.3d at 1314, (citing Miller, 991 F.2d at 587). On January 13, 2021 and had my teeth extractions and dentures put on. I needed a root canal and crowns in addition to a cavity filling. Their next level billing department admitted to me that they overbill this way to collect so patients dont refuse to pay post procedure. I have asked to speak with a manager without any call. 2d 321 (1981), are to be considered in determining whether a party is appropriately identified in an administrative charge). . Tooth extractions, dental implants, gum disease treatment, and more are completed on site. : , 1-800-673-1889. (citing Sosa v. Hiraoka, 920 F.2d 1451, 1458 (9th Cir.1990)). Gentle Dental is a multi-specialty group practice in New England with 38 convenient locations across Massachusetts and New Hampshire. My dental insurance provided me with your office since they took my dental insurance. Deadbeat company. 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. We value your privacy. Second, there is no discussion about the content of the charge filed with MCAD and whether the individual defendants had notice and an opportunity to participate in the MCAD proceedings. Our extensive network of neighborhood practitioners makes finding specialists easy. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Went to office to discuss and they gave me the papers I requested but could not do anything about a refund. Thank you I. The jury returned verdicts in favor of the plaintiff on these claims, but the trial judge granted judgment notwithstanding the verdict. Gentle Dental provides general dental services as. The individual defendants contend that Chatman's Chapter 151B and Title VII claims should be dismissed because Chatman has not exhausted her administrative remedies as to them. The motion to dismiss the Title VII claim in Count IV is GRANTED as to the individual defendants. Thus the claims above are those that remain before this court. Among the problems caused by endodontic procedures are instruments left in canals, nerve and sinus perforation, air embolisms, and life-threatening infections. When I contacted them, the SAME woman, said it must have been someone else that I talked to.. Nope, same woman. First, a bit of background information. I got the staff to admit all new patients get deep cleanings (which is a huge foul when it isnt clinically indicated - I have no periodontal disease per their own exam). Both times I left with half my face numb for 8 hours, leaving me unable to work, talk, eat or drink without issues the rest of the day - for a cleaning. I want my $700 refund now!! Another occasion involves both Bornfriend and Toltz. [6] On a motion to dismiss for failure to state a claim, the court is ordinarily precluded under Fed.R.Civ.P. 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. Is there anything that Gentle Dental can offer? Pimentel. . Of my. At Gentle Dental, were your dentists for life. 3 years going there for 1 implant that went wrong. Co. v. Dedeaux,481 U.S. 41, 51, 107 S. Ct. 1549, 1555, 95 L. Ed. Birkbeck, 30 F.3d at 510, n. 1; see also White v. CMA Construction Co., Inc.,947 F. Supp. I agreed with the exception that (knowing it would not get done by the wedding day .) : 1-800-673-1889. Ave. Jamaica. Id. On one occasion, while a number of Gentle Communications staff members were together at a bar, Van de Rydt threw salt on the plaintiff's hands and licked it off, drinking a shot of tequila with it. Second straw: I was asked to sign a full page of waivers that some consultant or seminar or lawyer probably recommended as best practices without any regard to how the patient might react to them or whether they make sense or are just plain silly. ATENCIN: si habla espaol, tiene a su disposicin servicios gratuitos de asistencia lingstica. This statement, however, does not dispose of the issue now before the court. Later she said they don't accept our insaurance and charged us 103 dollars. The doctors at this practice are OK, however, the billing department is not gentle at all. More legal. suggests the following link as an extra measure to safeguard your data: RV Insurance 101: How to Choose the RV Insurance you need, Can Pet Insurance Be Transferred to a New Owner. denied, 510 U.S. 1109, 114 S. Ct. 1049, 127 L. Ed. I was told Id have a credit. That was (according to them) and overcharge of $60.90. 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. Going to the dentist should fit your schedule, not the other way around. The court reasoned that there was no individual liability under the ADEA for "personnel decisions of a plainly delegable nature." I was told the manager would call the Dr., get it OK'd and call me back Nope. 657, 679 N.E.2d 252, 258 (1997) review denied, 425 Mass. Bad dental work.. My. For that reason, the individual defendants say, Chatman's claims against them in counts I and IV must be dismissed. 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. Crooks. The court also noted that no similar limits on damage awards against agents was enacted; nor was the subject of individual employer liability even addressed. See also Ruffino v. State Street Bank and Trust Co.,908 F. Supp. I was refused my normal cleaning. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. 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." Luckily I always get a 2nd opinion and fortunately it saved me 10 grand! 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. Did they think I would not hear or be able to read their lips? At the conclusion of the hearing, the court reserved rulings on the following issues, which will be addressed in this opinion: (1) whether count I and count IV should be dismissed because the individual defendants were not named as respondents in the MCAD Charge; (2) whether the individual defendants as supervisors or co-employees of Chatman, can be held liable individually for sexual harassment and discrimination under Title VII; and (3) whether the state-law, intentional tort claims (assault, battery and intentional infliction of emotional distress), arising out of the alleged incidents of sexual harassment, are barred by either the exclusivity provision of Massachusetts' Workers' Compensation Act, Mass. All Gentle Dental practices offer orthodontics for both adults and children including traditional braces and Invisalign clear aligners. They talked me out of a full button bridge saying the teeth would do this and do that. Granting the motion is appropriate only where it appears clearly from the complaint that the plaintiff cannot recover under any theory, under any set of facts that could be proved consistent with the allegations. No. at 572; Ruffino, 908 F. Supp. I want my son to go to Gentle Dental Portland free of charge for a one time exams. : 1-800-673-1889. At any rate, both Brettany Tinslet and Tabbitha Pollard started going behind closed doors and making calls to various Gentle Dental offices. Im extremely frustrated and confused as to why my 7 year old is being put through this wait. 3 years going there for 1 implant that went wrong. Did anyone really think this through? Will. 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. For most fatalities, anesthesia complications are tied to problems related to tooth extraction. Mr. Cleveland. I called my insurance company and they stated that Gentle Dental has submitted a new claim with services I did not get. Deductible. You already receive all suggested Justia Opinion Summary Newsletters. Before I even had my partial dentures made I asked Gentle Dental what my portion of the bill would be and I agreed to pay that portion. 1-800-673-1889. The practices offer a variety of services including dentures . The First Circuit, however, has made at least one statement en passant on the subject of the consequences, for subsequent litigation, of the failure to name a party as a respondent in a charged filed with the MCAD. [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." Gentle Dental is my favorite dentist office I have ever been to. 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. And the filling? [4] Chatman alleges that she worked for all three of these entities during the period relevant to the complaint. denied, 513 U.S. 1058, 115 S. Ct. 666, 130 L. Ed. The motion to dismiss the Chapter 151B claims, made in counts I and IV against these defendants is also GRANTED, but with leave given Chatman to amend those counts to correct the deficiencies that, in the present complaint, have resulted in dismissal. And I. Have. Moreover, Chatman alleges Van de Rydt frequently touched her without her consent. For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. Chatman later dismissed the MCAD Charge and filed a civil action in state court pursuant to Mass. BEWARE, Everyone who goes to this Gentle Dental, Wellington FL is recommended deep cleaning even though the insurance don't cover it - maybe its time for state regulator's to shut this place - its day light robbery. gretchen Bryson. then when I was going to make an appointment for the bleaching they told me they couldn't do it. They did not crown but created a mold with filling material. There seemed to be a lack of a plan for treating these issues on the dentists part. FAQ. As a side matter, the complaint alleges that the Gentle Dental centers are "Massachusetts businesses," without indicating whether they are general business corporations, professional corporations, partnerships or other entities. Last time for my root canal I paid $700 and they still came to me asking for $90 more a month later. See 42 U.S.C. 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. [11] 42 U.S.C. This crown was never on my treatment plan, by the way, and I never heard about it before. 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. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Id. at *2. Tumawag sa 1-800-673-1889. Gentle Dental Review: Unethical behavior - ComplaintsBoard.com Hu rau 1-800-673-1889. Life is full of momentsplanned and unplannedand were here for all of them. Desired outcome: 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. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. I have had the same issue many other reviewers have had. And, When you complain. Today, Advantage Insurance Solutions helps answer what is the most common reason patients sue dentists? In that part of the charge, she *236 only identified Gentle Communications and the two Gentle Dental centers. Were here when you need us. Eggleston v. Chicago Journeymen Plumbers' Union No. Well start sending you the news you need delivered straight to you. 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. I have had nothing but trouble dealing with your company regarding this issue which is very disappointing. Id. The smile of your dreams is possible with solutions from teeth whitening to veneers. Foul. Manager no longer works there. 231, 234-35 (E.D.Va.1996) (noting controversy over whether Birkbeck eviscerated the holding in Paroline; collecting cases reflecting intracircuit split). This site is protected by reCAPTCHA and the Google, District of Massachusetts US Federal District Court. . [2] The defendants have moved, on various grounds discussed later in this opinion, to dismiss these claims. My son, Lucas Gill had an appointment a couple months ago with the gental dental/ smile keepers location here in Grants Pass oregon. Each time I went I a new face, go to a different place. 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. Hygienists and dentists are very knowledgeable and skilled. Actions, Not checking if they accept your insurance before the treatment. Gentle Dental in Carlsbad charged me and my insurance company to extract two teeth that were removed ten years ago! The bottom line: I would not recommend trusting your teeth or your finances to this company, as they might mess up both. [8] These defendants assert *233 that they were not named as respondents in the MCAD Charge. Oh and by the way 3 times I went there to have all my bottom teeth out and was talked out of it by them telling me it would not work and be much better to do them all at once. I needed a gingival graft due from my orthodontia treatment when I was young, which resulted in bone loss. Submit a complaint and get your issue resolved. 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. For non-digital locations: Your first visit will typically full-mouth x-rays. He would also punch her in the arm and say: "Let's fight, I want to roll around on the ground with you." . family. Nor was Chatman notified of any corrective measures taken by Gentle Communications. at 1315 (quoting Miller, 991 F.2d at 588 n.2). The office stated it was lunch so everyone was gone. They tried to rip off my wife with more work fo5k plus more on top of what they said they would charge. 61, 62 (D.Mass.1997) (Young, J.) I showed my EOB and the billing staff claimed they hadnt been paid by insurance and offered to credit the $60.90 to my bill that day. They. I filled up the new patient form and they said they will be checking if the insurance is accepted or not and till then I can sit on the dental seat and be evaluated. : , . Crown. This is incorrect. About Gentle Dental Schedule an appointment Life is full of momentsplanned and unplanned-and we're here for all of them. Bornfriend replied that Chatman would "get down on her knees and service him" a comment the plaintiff took to mean that she would fellate him. We believe that quality dental care should work with your busy schedule. ALL THEY WANT IS YOUR $$$$$$$$$$$$$$ ! 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. I agree with you. For this total amount 5 teeth were pulled. Gentle Dental dentists provide award-winning care. Routine dental checkups are important for a healthy and confident smile. 1997) (supervisors may not be held individually liable under Title VII); Miller v. Maxwell's Int'l. Read 1,227 Reviews. My. at 2408). Gentle Dental | Reviews | Better Business Bureau Profile Quality Dental Care is Right Around I told her she is lucky I don't come into the office and absolutely humiliate her, in front of clients. Featured review. 1981a (the "1991 Act"), "a successful Title VII plaintiff was typically limited to reinstatement and backpay which are most appropriately provided by employers, defined in the traditional sense of the word." I am asking you if you have begun this case as the office assured me? 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.. Burton A. Nadler, Petrucelly & Nadler, Boston, MA, Wilfred J. Benoit, Jr., Goodwin, Proctor & Hoar, Boston, MA, for Defendants. [12] In most situations, only the employer entity, and not the individual employee/agent, can offer this remedy. A. 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 . 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. Hello! 02130 Immediately. You need to leave." The complaint is silent on this subject. 1105, 682 N.E.2d 1362 (1997). Had a deep cleaning then one of my teeth broke. The Massachusetts Supreme Judicial Court's decision in Brunson v. Wall, 405 Mass. It was miserable and required 2 appointments, not because of my teeth but because thats what insurance allegedly requires (my insurance denies this). See, e.g., Tomka, 66 F.3d at 1318 (Parker., J., dissenting); Paroline, 879 F.2d at 104; Iacampo, 929 F. Supp. The denture adhesive they applied didn't even stay in her mouth for 2 hours. At a hearing on the motion, the court issued, from the bench, rulings on certain of the issues raised by the present motion. I was told by the Santa Rosa ca. Times. Are there any ethical dentists practicing anymore? 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. as I was waiting patiently to hear back about the status of my X-Rays, that my appointment time was up and that the dentist would not be able to see me then. By. That an office that's great for the kids can also be great for the grownups. Gen. L. *230 c. 151B ("Chapter 151B")[1]; unlawful employment retaliation proscribed by Chapter 151B and Title VII of the Civil Rights Act of 1964, 42 U.S.C. Call 1-800-673-1889. Virgo, 30 F.3d at 1359. I specifically told her that I wanted to make the phone call and that I would like the pages back. 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. I was a happy customer of Gentle Dental. I mean you can't imagine a talented dentist would work at the McDonald's of dentists. This office has been through 9 dentists, in the last three years. Go figure! 2000e-3 ("Title VII"); assault; battery; intentional infliction of emotional distress; and defamation. Id. A. Thanks. Tomka, 66 F.3d at 1316 (citing Meritor, 477 U.S. at 72, 106 S.Ct. They took impressions 3 times (which was not necessary). I have been a supporter and recommended the services to multiple friends. 2d 134 (1982). Now I find I owe $626.46 which I did not budget for. On that occasion, Chatman alleges that Toltz said to Bornfriend, in Chatman's presence, "Why don't we throw Nikki on the desk and screw her?" 60, 63 (D.P.R.1995) (plaintiff complies with Title VII "by naming the defendant in the charge or by alleging facts in the charge from which it could be inferred that the defendant violated Title VII"); Douglas v. Coca-Cola Bottling Co.,855 F. Supp. Chatman nevertheless asserts that, under the authority of O'Connell v. Chasdi, 400 Mass. [Resolved] Gentle Dental Review: Unethical billing practices So, I called Saturday, and left a message about courtesy, and respect for clientele. Are you going to reimbursement me for your mistake?? 1-800-673-1889. Work, spoke. 357, 312 N.E.2d 182, 187 (1974), the court concludes that, faced with the question, the Massachusetts Supreme Judicial Court would hold that failure to name a party as a respondent in a charge filed with the MCAD does not preclude a later civil action against that party if the conduct of the party was put in issue by the charge and the party had notice of and an opportunity to conciliate the charge. I called and scheduled an appointment for 3.15.22 at 3 pm. Gentle Dental Inc Reviews, Ratings | Dentists near 1497 E Venice Ave A Guess what?! We now have one dentist one day, twice a month. I paid my portion in full after every visit and I expected to have a zero balance when I was finished with my dental work. In addition, Title VII's equitable damages provision permits a court to order the "reinstatement or hiring of employees." [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. Refuse to do refunds on lousy work. If not I want to get things going because I have waited for a response since July 2017 when I called and notified the office. They stated I was to return after records received. I had great insurance and a great job then, and I wanted to get real work done. Work on. 9. Its never too early to protect your smile. Finally I called another location in Oklahoma and was able to get the phone number for a lady named Debbie. 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. Chatman alleges that she complained several times to the management of Gentle Communications about the conduct of the individual defendants and other dentists at Gentle Communications, but that management never investigated any such complaints. Violette Co. Inc.,897 F. Supp. No one called back. 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. *229 Pamela S. Freeman, Freeman & Freeman, Brookline, MA, for Plaintiff. Dental practice. Therefore this court weighs in with the nearly-unanimous view of the federal circuits that an employee/supervisor, who does not otherwise qualify as an "employer," cannot be held liable under Title VII. Fell. Like really?? ? United States District Court, D. Massachusetts. She MORE than deserved it. 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. Periodontal disease is an infection of the bone and tissues of the mouth. She alleges that, at all relevant times, Bornfriend was "director" of Gentle Communications and a partner in and the administrator of the two Gentle Dental centers.[5]. A truly wonderful team of talented people! Real. More legal. "); Anzalone, 526 N.E.2d at 249; Tennaro v. Ryder System Inc.,832 F. Supp. Brilliant. Debbie didn't care and I told her I would sue . HOW RUDE! And they are paired with the most up-to-date technology. (same); Ruffino, 908 F. Supp. Lately customer service is getting worst.