gentle dental lawsuit

I was charged and fully paid for a mouth guard but they never fulfilled the order and I never received it. Our trustworthy doctors partner with you to create a personalized treatment plan. of Interco, Inc. v. MCAD, 400 Mass. This office. Unsubscribe easily. The dentists who caused adverse drug reactions failed to check for interactions before prescribing the drug they lean on most. . My upcoming appointment was going to be $195.10. I guess so . Waiting. Work, spoke. Yes, I was pretty nasty, with her. 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." First, a bit of background information. 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! DISCLAIMER: Please note that some of Advantage Insurance Solutions articles may have affiliate links from the Amazon Associates Program, with no additional charge to the reader. The doctors at this practice are OK, however, the billing department is not gentle at all. Insurance is a contract. Bhairavi. 2d 134 (1982). 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. Read full review of Gentle Dental and 1 comment. 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. We value your privacy. Adults and children have died as a result of anesthesia complications. We believe that quality dental care should work with your busy schedule. Kimberly's attorney filed a malpractice lawsuit against Dr. Collins, alleging he was negligent in performing the operation. Continue with Recommended Cookies. Brettany Tinsley, whom I am told was only recently transferred there . 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. Thats why they built dental practices in convenient locations with convenient hours. Share your photos and videos with others to prove the truth of your words. We now have one dentist one day, twice a month. (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. "); Anzalone, 526 N.E.2d at 249; Tennaro v. Ryder System Inc.,832 F. Supp. My. 3 years of going back and forth- being sent to other. Delta Dental DMD's wanted another $1800.00 and at first said they would need the top partials in order for the new bottom partials to fit properly. You. Really? Again, there is zero legal basis for doing this because the billing errors dont justify holding the correction and refund hostage waiting on insurance to pay. 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. 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. Patients can die from surgery if they experience malignant hyperthermia, which is a high fever that results from the anesthesia. If there is no serious injury present, the case will most likely be dismissed.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'teamais_net-box-4','ezslot_1',107,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-box-4-0'); Malpractice is a legal term, so in order for a patient to win the lawsuit, the case must match the very specific definition of malpractice. Times. About Gentle Dental Schedule an appointment Life is full of momentsplanned and unplanned-and we're here for all of them. I was a happy customer of Gentle Dental. We take protecting your data and privacy very seriously. However, the language is far from clear when read in conjunction with other provisions of Title VII. I. [8] These defendants assert *233 that they were not named as respondents in the MCAD Charge. They showed (unsurprisingly) an amount due from insurance that was about $100 over what insurance was going to pay them. I felt like Id left a cruise ship spa with a menu of products I dont need but they need to sell. Any amendment to the complaint must be filed within ten days of the date of this opinion. 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. [14] M.G.L.c. "); United States v. Meyer, 808 F.2d 912, 915 (1st Cir.1987). The complaint alleges that crude sexual language and innuendos were pervasive in the office. Copyright 2022 Consumers Unified LLC. I had great insurance and a great job then, and I wanted to get real work done. The attorney began to investigate her claims by calling various employees and friends of Chatman. I asked for refund from gentle dental. Smith Co., Inc., 42 Mass.App.Ct. What? [protected]@gmail.com. . The contrary view is that the use of the word agent merely expresses traditional notions of respondent superior liability: that the employer is liable for the acts of an employee acting within the scope of the employer's employment. 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 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. 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?" 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 . You lost a lot of business! In ruling on a motion for summary judgment in Sobotka v. Westfield Savings Bank, 1994 WL 879775 (Mass.Super. Did they think I would not hear or be able to read their lips? I had not seen him leave! So, last week one of the remaining teeth broke off, on Thursday, and put me in a ton of pain. My prior dentist was actually a fraud. I need them to give me a bill and they will not. Do you agree to download this file? The way that they get money out of people is just wrong. Months later after my partials were finished I received a bill from Gentle Dental saying I still owed them $626.46 because my insurance would not pay for the procedure. Chatman, who in her administrative position, had responsibility for hiring new employees, was told on more than one occasion, by one or more of the individual defendants to hire women with large breasts and nice figures who would be willing "to put out." Id. I have contacted my local office with no help. The biggest problem is that the replacement tooth is the WRONG COLOR! Gentle Communications is alleged to be a "Massachusetts corporation." His no. 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! 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. In order for your patient to win a dental malpractice lawsuit, they must have proof of the injury caused to them as well. Oct 26, 2020 8:47 pm EDT. Are you going to reimbursement me for your mistake?? Jesus Christ! I believe the paperwork may have been coded incorrectly. She was extremely rude and unprofessional. The jury agreed, awarding Kimberly $14.8 million, which included $10 million for her pain and suffering, and "past and future loss of enjoyment of life.". Eggleston v. Chicago Journeymen Plumbers' Union No. The motion to dismiss the Title VII claim in Count IV is GRANTED as to the individual defendants. The court is persuaded by the Second Circuit's reasoning that, when read in the full context of Title VII, 2000e(b), cannot be interpreted to create individual liability on the part of individual employees of the employer entity. Id. Among the problems caused by endodontic procedures are instruments left in canals, nerve and sinus perforation, air embolisms, and life-threatening infections. Not gentle. In addition, there appears to be a great miscommunication between the billing department, the reception, and the medical staff. Ma. Gen. L. c. 151B 4, Subsections 4A, 5 and 16A. 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. Stop hiding your smile. (no individual liability under Title VII), with Lamirande v. Resolution Trust Corp.,834 F. Supp. If the words are a clear expression of congressional intent, the inquiry need go no further. See Brunson, 541 N.E.2d at 341; Lattimore, 99 F.3d at 464; Sobotka, 1994 WL 879775, at *3. 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. 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. Im not ignorant; Im a government attorney and represented a major federal hospital. I mean you can't imagine a talented dentist would work at the McDonald's of dentists. 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. 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. Co., 423 Mass. I have asked to speak with a manager without any call. It's been three days and not a word. Contacted the office manager to give me a call back 2 times and she never has. A. Inept. You just can't get your teeth cleaned, they try to sell, sell, sell. Crooks, crooks, crooks And dr. Fergunson lies What a terrible practice! On the first page of the MCAD Charge, Chatman named Gentle Communications and the Gentle Dental centers as the employer entity that discriminated against her and further specified that she "was sexually harassed by the supervisors/partners of Gentle Communications/Gentle Dental Centers (hereinafter, `Gentle Communications'). Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Real. She snapped back, "Well, you can't. Office b. See Watterson, 987 F.2d at 3. Real. , : 1-800-673-1889. You folks better read that. Refund. I called and scheduled an appointment for 3.15.22 at 3 pm. 1021, 673 N.E.2d 40, 41 & n. 1 (1996) (Rescript). 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."). On. He once tore open Chatman's blazer to see what she wore underneath. Very dissatisfied. Our friendly dentists, caring hygienists and helpful staff are here for your whole family. She MORE than deserved it. 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. These federal cases share at least one important theme with Brunson: whether a civil action will lie against a party not specifically named a respondent in an administrative charge will depend on the opportunity afforded in the prior proceeding for the resolution of that party's interests in the claim in dispute. Our extensive network of neighborhood practitioners makes finding specialists easy. The practices offer a variety of services including dentures . Twice. But when someone stands over you with a clipboard that gives you the ability to finish your dental work, you sign and pay. Hello! For that reason, the individual defendants say, Chatman's claims against them in counts I and IV must be dismissed. I left gentle dental in a flash.. Again stay away- save yourself grief- runaround- high turnover of dentists, I must have seen 4-7 different dentists while going to gentle dental over 3 years. Hygienists and dentists are very knowledgeable and skilled. Debbie didn't care and I told her I would sue . This comment was posted by a verified customer. Deductible. I have Delta Dental insurance. In November, 1993, Chatman contacted an attorney regarding her potential claims of discrimination and sexual harassment against Gentle Communications. There are many requirements to win a dental malpractice lawsuit and some people have won. The first straw: being required to wear a mask in late February 2022 even though I am triple vaxxed, virtually no one else in Phoenix has worn them anywhere for months, AZ has no mask mandate, all states except HI have dropped them, the CDC says masks are no longer required, and patients wouldnt be wearing one during treatment anyway, when they are closest to another person as they breathe, as I did when they cleaned my teeth a couple of months ago. . The Seventh Circuit holds a similar view. You're all set! 98 total. 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. See 42 U.S.C. 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. Gentle Dental is supported by InterDent Service Corporation. He would also punch her in the arm and say: "Let's fight, I want to roll around on the ground with you." . 61, 62 (D.Mass.1997) (Young, J.) Is that so hard?! A. My new dentist -different place- found the problem.. Crooked post!!! 1. College-Town, Div. This crown was never on my treatment plan, by the way, and I never heard about it before. The whole process went smoothly. I want my son to go to Gentle Dental Portland free of charge for a one time exams. at 1048. The amended complaint must be filed within ten days of the date of this opinion. Therefore, the court has taken it into account in connection with its consideration of the present Rule 12(b) (6) motion. 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.. New patients receive an exam, all necessary x-rays, a cleaning, and a personalized treatment plan for $57. Their. 2000e(b), Congress intended to impose individual liability on those employees of the employer entity who act in a supervisory capacity, with authority to hire and fire other employees. Since 1971, we have been leading the way in dental care. : , , , . The uppers were paid for in 2014 and the lowers paid for in 2015. Old manager says she wants to help me. The insurance company, Starmark, is so incompetent they had all the wrong information and won't contact Gentle Dental to mediate. I may yet. 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. $700. This will surely increase the credibility of your complaint. Featured review. After xrays and exam the Dentist said she didn't have enough bone-after finally realizing that a popcorn kernel wasn't part of her bone-and offered to do a "soft reline"-with "no promises made." This office has been through 9 dentists, in the last three years. Dr. Mancini and his staff got me in for an appointment within an hour of my call and took care of a loose, temporary cap. To Dentist. So why did they tell me what my portion would be and what my insurance would pay when I first asked about the price of partials? My bill, with insurance coverage according to their billing department was over $1300. I said, "Well, I still want to talk with him." Still asking for more refund.. Not near what I had to pay for correcting the crooked post- new bone grafting and so on 3 years of running around they gave me. Book a check-up or (supervisors may be personally liable as "agents" of an "employer" under title VII); Iacampo v. Hasbro, Inc., et al., *237929 F. Supp. I informed her that she had just lost the spot to call, and she insisted, "They'll be easy to find in the yellow section." He understands my anxiety. Its never too early to protect your smile. STAY AWAY FROM GENTLE DENTAL AT ALL POSSIBLE COSTS! Centre. I am asking you if you have begun this case as the office assured me? See, e.g., Tomka, 66 F.3d at 1318 (Parker., J., dissenting); Paroline, 879 F.2d at 104; Iacampo, 929 F. Supp. Along with care that is below the acceptable standard, a personal injury or death from a procedure is grounds for a dental malpractice lawsuit. Thank you Gentle Dental Jamaica Plain! The motion to dismiss the intentional tort claims, Counts V-VII, is GRANTED. For. Kiely v. Raytheon Company, 105 F.3d 734, 735 (1st Cir.1997). They continue to change my son's band colors and do no other care. A. , 1-800-673-1889. 9. The dentist are the worst of the worst. Neither the Massachusetts Supreme Judicial Court nor any Massachusetts appellate court, however, has laid out the precise contours of the kind of identification of the alleged wrongdoer that must be made in a charge filed with the MCAD in order to preserve a later civil action against that person in court. They never told her that UHC does not cover anything to do with dentures. 1996). Id. after spending much time looking up his name and location on the Internet, and he was kind enough. While I was looking for the number she and another office manager, Tabbitha Pollard, rudely started whispering about me right in front of me. After 2 business days I call them again. We had paid hundreds of dollars for the dental work and had done nothing wrong. Bad. Info. At the heart of the controversy is whether, by including the term "agent" in the definition of "employer," see 42 U.S.C. I look forward to hearing from you in a timely manner! (no individual liability under Title VII); Quiron v. L.N. FAQ. Paid. Gentle Dental is a 42 North Dental Care, PLLC practice and is owned and operated by licensed dentists. I have spoken with Dr. Zeigler (the CEO) and he promised to work with me and now I can't contact him. The office staff, Justine and Brittany were very professional, helpful and friendly today when I came in for my teeth cleaning. My prior dentist was actually a fraud. Call 1-800-673-1889. I was refused my normal cleaning. 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. For example, provisions in Title VII impose on the employer the duty to keep certain employment records, 42 U.S.C. Just has my last implant visit and can now smile again! My dental hygienist and dentist listen and answer my treatment questions. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Location & Hours 13100 W 87th Lenexa, KS 66215 Get directions Edit business info Amenities and More Accepts Credit Cards No Wi-Fi Ask the Community Ask a question Q: I do not have dental insurance. I was told Id have a credit. She thus put the conduct of these defendants in issue in the Brunson sense. 18, 19-20 (D.Me.1995) (Brody, J.) As of January 1, 2020 the. I want my son to go to Gentle Dental Portland free of charge for a one time exams. United States District Court, D. Massachusetts. 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. at 690-691, 511 N.E.2d 349. I wasnt owed $60.90; I was owed $98.90. Or. When I shared my concerns with my dentist, the team helped me find a cost-effective solution for Invisalignand whitening, too!. Which she never did. Now I find I owe $626.46 which I did not budget for. 1-800-673-1889. Mouth. Healthy, confident smiles for life is our mission at Gentle Dental. Not So Gentle, With over charging there costumers. The entire discussion, confined to a footnote, was: 981 F.2d at 578 n. 2. Ill stick with getting my exams from the military when on reserve duty, even if it is only offered once/year. 2d 39 (1987) (quotations omitted). "Best dentist Ive had. Return. This morning I get a call from the manager and let her have both barrels. 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." The first time I had the root canal and prep for the crown first, stupidly agreed to fill one of the bad cavities and then had half the deep cleaning. 446, 541 N.E.2d 338, 341 (1989), while directed to an issue not raised in this case, nevertheless offers guidance on the course to be followed when the conduct of a party, not named as a respondent in a charge filed with the MCAD, forms at least part of the basis for a claim that another party has violated Chapter 151B. Id. Find a Dentures and Dental Implant Solutions partner. 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. 1-800-673-1889. 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. See, e.g., Estate of Cowart v. Nicklos Drilling Co.,505 U.S. 469, 475, 112 S. Ct. 2589, 2594, 120 L. Ed. 130, 657 F.2d 890, 905 (7th Cir. 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. Moreover, Chatman alleges Van de Rydt frequently touched her without her consent. On Monday the 8th of Nov. Start all over project.. Pocket. Reimbursed. Get buying tips about Dentures and Dental Implant Solutions delivered to your inbox. 2023 Gentle Dental of New England All Rights Reserved. In other words, the billing at this company is very non-transparent at all. So, I told her to have a plan in order and call me by noon, today 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. District courts within the Circuit have taken contrary positions on the question. Sign up for our free summaries and get the latest delivered directly to you. at 1047-48 (Gertner, J.) is [protected]. Foul. Unsubscribe at any time. Id. 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." Are you a practicing dentist? cleaning, Find care for my whole I called them they said they'd call back Nope. Brettany did offer to do the X-rays for free, but she also knew that I didn't want more radiation, and she got very rude . Every employer subject to this title shall (1) make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed, (2) preserve such records for such periods 42 U.S.C. I was told the manager would call the Dr., get it OK'd and call me back Nope. All three, along with the rest of the staff, were very professional and pleasant to work with. Proper documentation is going to be the key to your client winning a lawsuit. I specifically told her that I wanted to make the phone call and that I would like the pages back. Protect your practice!Our expert dental malpractice tail coverage comes with an experienced team on your side.Get a quote now! The defendants have moved to dismiss the claims remaining in this case those identified in the introductory section of this opinion pursuant to Fed.R.Civ.P. Brilliant. 1441 and 1446 and filed a motion to dismiss all of the counts, Chatman voluntarily dismissed five of the original counts. 1105, 682 N.E.2d 1362 (1997). Shody. Finally. Made my day. (re-considering earlier position taken in Weeks v. State of Maine,871 F. Supp. After she had difficulty finding the place I wanted to get the X-rays from, she gave them back to me to find them. That an office thats great for the kids can also be great for the grownups. [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." On some Mondays he would ask Chatman if she had had sex over the weekend. Given that important theme and given the requirement that Chapter 151B be liberally construed to meet its goals of implementing the right to equal treatment guaranteed to all citizens, Mass. Return my. If your patient has experienced any of the most common dental lawsuit listed above, there is a good chance they will win the lawsuit. Some of these cases resulted in death. Life is full of momentsplanned and unplannedand were here for all of them. The individual defendants and other dentists at Gentle Communications are alleged frequently, in the presence of Chatman, to have discussed other female employees of Gentle Communications, commenting on their attire, the sizes of their breasts and their sex lives. I want my money back, over 900 dollars for the discolored front tooth replacement crown! Aspen Dental is a group of independently owned and operated dental practices with over 500 locations in 33 states. denied, 513 U.S. 1058, 115 S. Ct. 666, 130 L. Ed. ALL THEY WANT IS YOUR $$$$$$$$$$$$$$ ! 3 years going there for 1 implant that went wrong. "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." Refund. 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.

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