Patients can die from surgery if they experience malignant hyperthermia, which is a high fever that results from the anesthesia. Regulations implementing Chapter 151B provide that the charge must include "appropriate identification of the Complainant(s) and the person(s) alleged to have committed unlawful discriminatory acts." Gen. L. c. 151B 4, Subsections 4A, 5 and 16A. Routine dental checkups are important for a healthy and confident smile. 5 months later I get a call from the corporate office stating I had a $1000.00 late bill and was going to collections. First, a bit of background information. Featured review. They showed (unsurprisingly) an amount due from insurance that was about $100 over what insurance was going to pay them. Their next level billing department admitted to me that they overbill this way to collect so patients dont refuse to pay post procedure. On. . [12] In most situations, only the employer entity, and not the individual employee/agent, can offer this remedy. They took impressions 3 times (which was not necessary). A dissatisfied customer, 1. Up. They did x-rays and determined then that he would need a cap on one of his back teeth. I left the clinic -fed up with them-, having so many different dentist working on the 1 implant. [protected], Desired outcome: 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. . When I contacted them, the SAME woman, said it must have been someone else that I talked to.. Nope, same woman. I called and left a message, I waited 2 days for them to call me back. My insurance does cover an every-three-month perio schedule. Brettany Tinsley, whom I am told was only recently transferred there . Gentle dental refunded me only 1,800 dollars.. I arrived there on June 17th at 11:00 am CST for my first appointment. Work on. Crooks, crooks, crooks And dr. Fergunson lies What a terrible practice! This office. Dr. Mancini I n will. On another occasion, Bornfriend and other men in the office generated a computer image of Chatman's face and taped it onto a Playboy magazine centerfold. 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. Info. Thank you Gentle Dental Jamaica Plain! "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." and she still didn't care. Two weeks later, on December 1, 1993, Gentle Communications terminated her position, saying that she was an unsuitable employee. 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. His incompetent staff has just screwed up and I believe I will be looking for another dentist. Enjoy reading our tips and recommendations. 2d 39 (1987) (quotations omitted). 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. They will not provide the 2 free cleanings that the insurance company allows for. Gen. L. c. 151B 9; Katz v. MCAD, 365 Mass. [protected]@gmail.com. For example, provisions in Title VII impose on the employer the duty to keep certain employment records, 42 U.S.C. Id. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. Gentle Dental is a 42 North Dental Care, PLLC practice and is owned and operated by licensed dentists. And now what? (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. c. 152, bars Chatman from bringing separate claims of assault, battery and intentional infliction of emotional distress (counts V-VII) against the individual defendants. One day. No one called back. Read full review of Gentle Dental and 1 comment. I need someone help. A truly wonderful team of talented people! What type of company stays in business treating people like that? 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. 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. The court is fortunate in not having to undertake this task as a matter of original *239 inquiry. Of the eleven circuits that have addressed the question, ten have rejected the imposition of individual liability under Title VII. I looked back at Tabbitha Pollard and said, "I thought you said he wasn't here." I called them Friday, and said I need to either come in, or get some pain medication. at 2408). . I have been very dissatisfied with the response of the local office, rather rude in fact. Please contact our office by phone or complete the appointment request form below. (941) 924-7920. The office staff, Justine and Brittany were very professional, helpful and friendly today when I came in for my teeth cleaning. There are many requirements to win a dental malpractice lawsuit and some people have won. Gentle Communications is alleged to be a "Massachusetts corporation." 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. An. Here are the most common reasons for most common dental malpractice claims. Perfect fit! They have high turnover of so called dentists. Pocket. I have had nothing but trouble dealing with your company regarding this issue which is very disappointing. Reimbursed. Prices are quite reasonable as well. For more information about reviews on ConsumerAffairs.com please visit our When left untreated, periodontal disease can cause teeth to loosen and fall out, heart attack, stroke, or other cardiovascular issues. $2, 000.00 max and to my surprise a deductible over $200.00. The court, however, may not consider those allegations in connection with the instant motion. I wasnt owed $60.90; I was owed $98.90. 42 U.S.C. Debbie didn't care and I told her I would sue . Submit a complaint and get your issue resolved. Best dental care around! The dentist are the worst of the worst. Ma 02130, Return my. You folks better read that. 2d 49 (1986); Morrison v. Carleton Woolen Mills, Inc., 108 F.3d 429, 436-37 (1st Cir.1997). Immaculate office. I was contacted in August 2015 to come in because my permanent uppers were ready. I have to drive 100 miles round tripHow many more trips will that take to resolve the problem??? Id. Complaint 17, 42, 59, 63, 67. [6] On a motion to dismiss for failure to state a claim, the court is ordinarily precluded under Fed.R.Civ.P. My. Real. On 2.15.22 I received a text message advising me that I have incomplete treatment and for me to call to schedule. You're all set! never treat your customers or even your worst enemy like thatNo! 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 . Van de Rydt is alleged to have engaged in the following conduct, among other things. Received a bill, called billing mgr Rosa. I came inside and waited in the lobby. Crooks. Id. Finally. See 42 U.S.C. I've left bad reviews almost everywhere I can. I told Tabbitha Pollard that I wanted to talk to the dentist, and she told me that he had already left the building for lunch. The complications with crown and bridge treatments mostly consist of open margins, overhanging restorations, or poor occlusion. The up selling. A lead apron is always provided for further protection. I was a happy customer of Gentle Dental. 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. . Find more than 6,033 complaints| Ripoff Report. Our trustworthy doctors partner with you to create a personalized treatment plan. Made my day. [1] To the extent that they survive the present motion, Chatman's allegations of sexual harassment state claims of both quid pro quo and hostile environment sexual harassment in violation of Chapter 151B. An employee shall be held to have waived his right of action at common law or under the law of any other jurisdiction in respect to an injury that is compensable under this chapter, to recover damages for personal injuries, if he shall not have given his employer, at the time of his contract of hire, written notice that he claimed such right [15] In O'Connell, the plaintiff brought actions for assault, battery and intentional infliction of emotional distress against a co-employee arising out of alleged sexual harassment. We had paid hundreds of dollars for the dental work and had done nothing wrong. The entire discussion, confined to a footnote, was: 981 F.2d at 578 n. 2. Of my. Get Directions. As a result, they succumbed to the infection. 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. 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. I knew if that happened Id never get the correct amount refunded so I declined. See Mass. Refund. Along with care that is below the acceptable standard, a personal injury or death from a procedure is grounds for a dental malpractice lawsuit. I can't decide if my insurance company likes getting ripped off or if they get kickbacks from Gentle Dental or what. See Charland v. Muzi Motors, Inc., 417 Mass. The consent submitted will only be used for data processing originating from this website. 1019, 1048 (D.Mass.1995) (holding that individual liability exists under c. 151B). 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. 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. if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[250,250],'teamais_net-banner-1','ezslot_12',132,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-banner-1-0'); If any of the pages of documentation are missing, this will make the patients case less successful. I. Me. 9. 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. In deciding the issue preclusion question, the court thus considered, not just the explicit naming of a party as a respondent in the charge form filed with the MCAD, but the charge as a whole and whether the defendants had been afforded an opportunity to litigate fully and fairly the discrimination claims against them. Is that so hard?! Brettany Tinsley even mocked my mild-moderate stutter right in front of me, and another staff member smiled as she did it. Thanks. Download to learn more! This argument is unavailing in the circumstances of this case. 2000e-8(c), and the duty to post notices, 42 U.S.C. Proper documentation is going to be the key to your client winning a lawsuit. And I found out from their staff that they put their own reviews on their website and www.myrepupation.com more unethical behavior! Be very careful to avoid these. 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. I was charged and fully paid for a mouth guard but they never fulfilled the order and I never received it. Tomka, 66 F.3d at 1314, (citing Miller, 991 F.2d at 587). 1993). Some of our locations are even open 7 days a week! 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. 18, 19-20 (D.Me.1995) (Brody, J.) 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. District courts within the Circuit have taken contrary positions on the question. Each time I went I a new face, go to a different place. Before we publish a review, we utilize and evaluate the products we recommend. In November, 1993, Chatman contacted an attorney regarding her potential claims of discrimination and sexual harassment against Gentle Communications. and the wrong color of a replacement crown, overcharging for extractions and getting paid by credit prior to completion, 16 years' experience in successful complaint resolution, Each complaint is handled individually by highly qualified experts, Last but not least, all our services are absolutely free. I still have the temporary plates. and the wrong color of a replacement crown Gentle Dental - Simply awful Resolved Gentle Dental - billing and excessive charges View all Gentle Dental reviews & complaints Next review 14 comments Add a comment K 2000e(b) (emphasis added). Prior dental office was never faxed. 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. Now I have refused to go back as they billed my credit card and got paid $1, 800.00 more dollars. 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'). We are open late and on weekends so you can get the care you need. "); United States v. Meyer, 808 F.2d 912, 915 (1st Cir.1987). It was NOT perio. I made an appointment with Gentle Dental about 3 weeks in advance and then 2 days before the appointment they phone me up to state they no longer carried my insurance, I will never use them again, they have no idea how to run a business. If the dentist or oral surgeon failed to provide the proper medications for recovery, they were liable for covering the hospital visit. 98 total. The attorney began to investigate her claims by calling various employees and friends of Chatman. . Of the patients who survived these complications, a few had brain damage which made a lawsuit necessary. Weird. Bad news! 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. Manager no longer works there. Start all over project.. Do yourself a favor and look for another dental business to deal with. It's been three days and not a word. This unwanted physical contact included rubbing or leaning against her body, touching her cheeks or knees, and rubbing her shoulders. Those courts that have held that supervisory employees may be held liable under the "agent" language have focused on what they call "the plain meaning" of 2000e(b). 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." I asked if they could at least get me bottom false teeth for my daughters wedding on July 30th, 2017. Inc., 991 F.2d 583, 588 (9th Cir. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Service. Virgo, 30 F.3d at 1359. Once again, Brettany Tinsley took the phone book from the counter and made the call herself. [7] That action was removed to this court by the defendants, with jurisdiction founded on the claimed violation of Title VII. Only a portion was used and there is about $900 left that they owe me. 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." perhaps a "pass the trash" situation from her last job . All Gentle Dentals are newly built or renovated and outfitted with the latest in dental technology including digital low radiation x-rays, 3D scanning, intraoral cameras, and even CERC same-day crowns at select locations. Protect your practice!Our expert dental malpractice tail coverage comes with an experienced team on your side.Get a quote now! Thus, in Ortez v. Washington Cty., 88 F.3d 804, 808 (9th Cir.1996), the Ninth Circuit reversed a district court which had dismissed a Title VII claim based on the plaintiff's failure to name an individual as a respondent in an administrative charge. It is in that context then that the court will consider the claims against the individual defendants. Seccond round: Then the office stated they were going to retrieve prior dental records on 5/16/16. I have already paid for his treatment in full, but did not realize an orthodontist was not part of the package. the corner. She snapped back, "Well, you can't. , : 1-800-673-1889. In the lawsuits surrounding the periodontal disease, the dentists failed to have routine x-rays which would identify periodontal disease. So, I told her to have a plan in order and call me by noon, today with it. The office manager said she would get right back to me. My new dentist -different place- found the problem.. Crooked post!!! [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." 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! In other words, the billing at this company is very non-transparent at all. Refuse to do refunds on lousy work. Ins. This review was chosen algorithmically as the most valued customer feedback. It is unlikely that Congress intended to impose such administrative duties on individual supervisors. Return my. 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. : , . 1441 and 1446 and filed a motion to dismiss all of the counts, Chatman voluntarily dismissed five of the original counts. . More legal. Dental malpractice is a very unfortunate but real problem for patients and dental health providers. Llame al 1-800-673-1889. Desired outcome: Paroline v. Unisys Corp., 879 F.2d 100, 104, (4th Cir.1989), modified on other grounds, 900 F.2d 27 (4th Cir.1990). New dentist charged me slight over 5 grand to correct the problem.