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. 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.. 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?" No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Along with care that is below the acceptable standard, a personal injury or death from a procedure is grounds for a dental malpractice lawsuit. Why weren't the x-rays shared from his dentist office? Crooks, crooks, crooks And dr. Fergunson lies What a terrible practice! denied, 455 U.S. 1017, 102 S. Ct. 1710, 72 L. Ed. , : 1-800-673-1889. ComplaintsBoard.com is a leading complaint resolution website on the Internet. When left untreated, periodontal disease can cause teeth to loosen and fall out, heart attack, stroke, or other cardiovascular issues. All three, along with the rest of the staff, were very professional and pleasant to work with. Give me my money back uuugghhh. [2] Chatman originally filed an eleven-count complaint in a Massachusetts state court (the "complaint"). at 1047-48. On. You can explore additional available newsletters here. 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. Search consumer complaints, reviews and information about gentle-dental. The Massachusetts Supreme Judicial Court's decision in Brunson v. Wall, 405 Mass. The court thus held that, because the two purposes of the requirement for filing a charge with the MCAD notice and an opportunity to conciliate had been fulfilled with respect to the comptroller, "to dismiss Sobotka's c. 151B claim [against the comptroller] would be to unnecessarily put form over substance." Their next level billing department admitted to me that they overbill this way to collect so patients dont refuse to pay post procedure. My daughter's appointment was supposed to last an hour, so we wait for her in the car and at the nearby Fred Meyer. Share your photos and videos with others to prove the truth of your words. "The purpose of th[e] requirement [of filing a charge with the MCAD] is to provide the employer with prompt notice of the claim and to create an opportunity for early conciliation." 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. Any amendment to the complaint must be filed within ten days of the date of this opinion. I called my insurance company and they stated that Gentle Dental has submitted a new claim with services I did not get. This. I arrived there on June 17th at 11:00 am CST for my first appointment. Send me any. If your patient has experienced any of the most common dental lawsuit listed above, there is a good chance they will win the lawsuit. at 690-691, 511 N.E.2d 349. I agree to download OSHA Compliant Checklist for infection control, Copyright 2020 Advantage Insurance Solutions, Driver Recruitment Processes: Steps to Hiring Safe Drivers, 5 Steps To Successfully Implement Sexual Harassment Training In The Workplace, We take protecting your data and privacy very seriously. Infection from a tooth extraction can cause a patient to require hospitalization. (supervisors may be personally liable as "agents" of an "employer" under title VII); Iacampo v. Hasbro, Inc., et al., *237929 F. Supp. Made my day. 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. I was contacted in August 2015 to come in because my permanent uppers were ready. ), cert. Gentle Dental is my favorite dentist office I have ever been to. Massachusetts law requires that a person bringing a claim of discrimination under Chapter 151B first file a charge of discrimination with the MCAD within 180 days of the conduct of which the complaint is made. 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. : . 18, 19-20 (D.Me.1995) (Brody, J.) She copped an attitude and refuses to provide me a refund. I need them to give me a bill and they will not. 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 686, 511 N.E.2d 349 (1987),[15] she may maintain the tort claims against the individual defendants, because these claims are brought against individual employees, not the employer entity. And I can see this is standard practice. And they are paired with the most up-to-date technology. Our dentists and specialists provide the highest level of care at each newly renovated, all-digital office. New dentist charged me slight over 5 grand to correct the problem. My son, Lucas Gill had an appointment a couple months ago with the gental dental/ smile keepers location here in Grants Pass oregon. After the defendants removed the case to this court, pursuant to 28 U.S.C. 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."). [14] M.G.L.c. 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. Griffin v. Oceanic Contractors, Inc.,458 U.S. 564, 571, 102 S. Ct. 3245, 3250, 73 L. Ed. In that part of the charge, she *236 only identified Gentle Communications and the two Gentle Dental centers. 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]. When confronted said it's normal. cleaning, Find care for my whole First, a bit of background information. The consent submitted will only be used for data processing originating from this website. I drove to the location that is across town, 7260 W. Lake Mead Blvd, Las Vegas 89128. 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.. Now almost three years later all I have for my money is my temporary plates. 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. My prior dentist was actually a fraud. Deadbeat company. denied, ___ U.S. ___, 117 S. Ct. 2532, 138 L. Ed. Really? The complications with crown and bridge treatments mostly consist of open margins, overhanging restorations, or poor occlusion. Andrews v. Arkwright Mut. Gentle dental refunded me only 1,800 dollars.. Kiely v. Raytheon Company, 105 F.3d 734, 735 (1st Cir.1997). At any rate, both Brettany Tinslet and Tabbitha Pollard started going behind closed doors and making calls to various Gentle Dental offices. I need atleast my x ray charges waived. I am having the same problem with the Mesa office. Chatman specifically alleges that the individual defendants were acting within the scope of their employment when they committed the intentional torts at issue in this case. Gentle Dental in Carlsbad charged me and my insurance company to extract two teeth that were removed ten years ago! "[6] In later parts *232 of the MCAD Charge, she set forth in detail the conduct that she claimed violated Chapter 151B. Ruffino, 908 F. Supp. But when someone stands over you with a clipboard that gives you the ability to finish your dental work, you sign and pay. Dr. Alikpala and her team are fantastic. 526, 528-529 (D.N.H.1993) (Devine, J.) [7] That action was removed to this court by the defendants, with jurisdiction founded on the claimed violation of Title VII. Wanted to like this place but it's just been bad experience after bad experience. After she had difficulty finding the place I wanted to get the X-rays from, she gave them back to me to find them. This gimmick if you have have dental insurance it's one rate and the price changes when you do! 1-800-673-1889. Info. He understands my anxiety. I would definitely recommend my experience at Gentle Dental Cambridge in Porter Square. Never . . When I contacted them, the SAME woman, said it must have been someone else that I talked to.. Nope, same woman. This statement, however, does not dispose of the issue now before the court. Called 6/7/16 for appointment and they stated no decor received. never treat your customers or even your worst enemy like thatNo! Insurance company said no Then, gentle dental said 'oh, we made a mistake'. Real. Corp. office. Good morning, Gentle Dental is a multi-specialty group practice in New England with 38 convenient locations across Massachusetts and New Hampshire. She takes the time to show you pictures of your teeth and why she recommends a certain procedure. Waiting. Meritor Savings Bank v. Vinson,477 U.S. 57, 64-65, 106 S. Ct. 2399, 2404-05, 91 L. Ed. They tried to rip off my wife with more work fo5k plus more on top of what they said they would charge. Desired outcome: *229 Pamela S. Freeman, Freeman & Freeman, Brookline, MA, for Plaintiff. I was a happy customer of Gentle Dental. Give your child the compassionate and thorough care they deserve. at *2. Van de Rydt finally threatened that if Chatman continued to refuse his advances she would lose her job. A. Pilot Life Ins. Van de Rydt is alleged to have engaged in the following conduct, among other things. Luckily I always get a 2nd opinion and fortunately it saved me 10 grand! 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. If your patient feels they were a victim of dental malpractice, its important for you to know what they will need for the lawsuit. Go Away.. As. Insurance is a contract. It is the oral surgeons job to keep an eye out for the symptoms of this condition and treat it immediately. 56. Copyright 2022 Consumers Unified LLC. This week, the lawsuit was settled for . found this review helpful. Complaint 5, 6. This unwanted physical contact included rubbing or leaning against her body, touching her cheeks or knees, and rubbing her shoulders. See Brunson, 541 N.E.2d at 341; Lattimore, 99 F.3d at 464; Sobotka, 1994 WL 879775, at *3. The doctors at this practice are OK, however, the billing department is not gentle at all. 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." When the MCAD dismissed the complaint with prejudice, concluding that the plaintiff had not been the victim of discrimination, the plaintiff, rather than seek review of that decision, filed suit in the superior court against the employer and the individuals whose actions were alleged to have constituted the discriminatory conduct. The biggest problem is that the replacement tooth is the WRONG COLOR! 231, 234-35 (E.D.Va.1996) (noting controversy over whether Birkbeck eviscerated the holding in Paroline; collecting cases reflecting intracircuit split). Refund. They. I normally am very careful about my budget and have good credit because I pay my bills. 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.). cert. Life, these days, requires being extra safe. Aspen Dental is a group of independently owned and operated dental practices with over 500 locations in 33 states. gretchen Bryson. PAUNAWA: Kung nagsasalita ka ng Tagalog, maaari kang gumamit ng mga serbisyo ng tulong sa wika nang walang bayad. (no individual liability under Title VII), with Lamirande v. Resolution Trust Corp.,834 F. Supp. Periodontal disease is an infection of the bone and tissues of the mouth. GENTLE DENTAL CORONA - 12 Photos & 90 Reviews - 1074 W Sixth St, Corona, CA - Yelp Restaurants Home Services Auto Services Gentle Dental Corona 90 reviews Claimed Cosmetic Dentists, General Dentistry, Orthodontists Edit Closed Hours updated 3 weeks ago See hours Write a review Add photo Save Photos & videos See all 12 photos Add photo [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." That said, we want to make sure it is clear that if you use our links to purchase something, we will receive a small compensation from it. Get buying tips about Dentures and Dental Implant Solutions delivered to your inbox. I came inside and waited in the lobby. I looked back at Tabbitha Pollard and said, "I thought you said he wasn't here." On. 2000e-5(g) (1) provides, in relevant part, "If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without backpay ". And now what? We are open late and on weekends so you can get the care you need. Gen. L. c. 151B 5. Bhairavi Hemani LUS CEEV: Yog tias koj hais lus Hmoob, cov kev pab txog lus, muaj kev pab dawb rau koj. Will. Brettany Tinsley, whom I am told was only recently transferred there . at 2408). 2000e-5(g) (1). 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. Went to office to discuss and they gave me the papers I requested but could not do anything about a refund. Also, the dentists did not follow up after the procedure. 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. We take protecting your data and privacy very seriously. Malpractice lawsuits are huge! First, a bit of background information. (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. There may be more specific results for "gentle-dental" . 9. 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. Yes, I was pretty nasty, with her. STAY AWAY FROM GENTLE DENTAL AT ALL POSSIBLE COSTS! Id. . I went in for a procedure and before going in, I contacted my insurance and made sure that I had the total out of pocket amount ready to pay after the procedure. 5 months later I get a call from the corporate office stating I had a $1000.00 late bill and was going to collections. Ins. The court noted, however, that Congress did not repeal the exemption for defendants with less than fifteen employees. In November, 1993, Chatman contacted an attorney regarding her potential claims of discrimination and sexual harassment against Gentle Communications. In addition, Title VII's equitable damages provision permits a court to order the "reinstatement or hiring of employees." Other circuits have spoken more definitively on the question of what constitutes appropriate identification of a party in an administrative charge of discrimination. of Interco, Inc. v. MCAD, 400 Mass. When I got there the dentist advised me it was only the night guard. 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. [protected], Desired outcome: Patients can die from surgery if they experience malignant hyperthermia, which is a high fever that results from the anesthesia. On some Mondays he would ask Chatman if she had had sex over the weekend. 53 customer reviews of Gentle Dental Inc. One of the best Dentists, Dental business at 1497 E Venice Ave A, Venice FL, 34292 United States. 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.) Why would I want to go elsewhere? I have already paid for his treatment in full, but did not realize an orthodontist was not part of the package. 1052, 1064 (D.P.R.1996) (Laffitte, J.) She was just another corporate suit who cared nothing about the customers. I needed a cleaning and reluctantly agreed to the deep clean. However, on a Rule 12(b) (6) motion, the court may consider public records and other documents referred to in the complaint, without treating the motion as one under Rule 56. It would be nice they will inform you right away but the fact that they cannot even call you back to let you know. Refund. I have to drive 100 miles round tripHow many more trips will that take to resolve the problem??? See Charland v. Muzi Motors, Inc., 417 Mass. On. 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. Gentle Dental is supported by InterDent Service Corporation. Ripoff Report Needs Your Help! Deductible. Do you have dental insurance?If not, click below to compare dental malpractice insurance.Get A Quote. Paid. $700. We would love the opportunity to speak with you further about this experience and see if there is something we can do. The denture adhesive they applied didn't even stay in her mouth for 2 hours. Plain. 1. In December, 1993, Chatman filed a charge of discrimination (the "MCAD Charge") with the Massachusetts Commission Against Discrimination ("MCAD"). Year after year our offices are named Choice Dental Office in their towns and regions by Readers Choice Awards. [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. For. Id. ComplaintsBoard.com is a leading complaint resolution website on the Internet. Gen. L. c. 151B 9. A. 1-xxxx-xxx-xxx) 1889-673-800-1. Fiasco not. The alleged misconduct of the defendants, Chatman claims, constitutes race discrimination and sexual harassment made unlawful by Mass. We believe that quality dental care should work with your busy schedule. I was told the manager would call the Dr., get it OK'd and call me back Nope. These allegations, which must be taken as true, in themselves make applicable the Act's exclusivity provision to Chatman's intentional tort claims. She continued to talk about me and was rude, so I decided to call them myself and get the faxed over quickly. In Birkbeck, the Fourth Circuit held that the use of the term "agent" as part of the definition of employer in the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. 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. Aside from pushing some BS insurance they tried to say I needed a lot more work than I did. Dentists at Gentle Dental are graduates of top universities including Harvard, Tufts, Boston University, and UCONN. He persisted in calling her at home, despite her objections. . Beware of the up sell. Thats why they built dental practices in convenient locations with convenient hours. Atrocious behavior on fixing past problems. Refund. Thus, because a literal reading of 2000e(b) leads to ambiguity and inconsistencies within Title VII as a whole, the court is required to inquire into the legislative intent underlying the statute. 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. 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. Its location on this page may change next time you visit. You cant knowingly overcharge a patient and hang onto the payment on the off chance insurance doesnt pay what you hope to receive. You lost a lot of business! Times. 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. (PDF) So, two years later, the question is, what is the status of the suit? Thank you. More legal. Crooks. On or about 10/01/2022 I walked into Aspen Dental requesting a price for a full set of dentures and that I would not be using any insurance, that I would be . Shody. Thus the claims above are those that remain before this court. 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. Denatures, implants and customer service. 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. For more information about reviews on ConsumerAffairs.com please visit our 580, 631 N.E.2d 555, 556-559 (1994). More legal. You just can't get your teeth cleaned, they try to sell, sell, sell. We promise not to send you any unrelated messages, Click here if youd like to unsubscribe from notifications about new complaints of Gentle Dental. Our in-house specialists have the right solution for you, from traditional braces to Invisalign. See Mass. And it still left me with $195 to pay for the other half of the cleaning. Unsubscribe easily. 2d 49 (1986), the Second Circuit concluded that the word "agent" defines and limits the scope of employer liability for acts of employers, so that an employer is not liable for everything an employee does, but rather that "an employer's liability should be based on common law agency principles." Paroline v. Unisys Corp., 879 F.2d 100, 104, (4th Cir.1989), modified on other grounds, 900 F.2d 27 (4th Cir.1990). I have been a patient at this office for 10+ years and would recommend Gentle Dental Wakefield to anyone for their next dentist appointment! He often commented on various of Chatman's physical features, including what he described as the fullness of her lips. Reimbursed. You already receive all suggested Justia Opinion Summary Newsletters.