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Tired of trying to navigate the confusing maze of dental professional insurance and claims? In that part of the charge, she *236 only identified Gentle Communications and the two Gentle Dental centers. Dentists at Gentle Dental are graduates of top universities including Harvard, Tufts, Boston University, and UCONN. Actions, Not checking if they accept your insurance before the treatment. In February, 1992, Chatman was promoted to an administrative position with Gentle Communications, and Barry Bornfriend ("Bornfriend") became her supervisor. Did she think I was a ###? This review was chosen algorithmically as the most valued customer feedback. Kimberly's attorney filed a malpractice lawsuit against Dr. Collins, alleging he was negligent in performing the operation. I agree with you. Do yourself a favor and look for another dental business to deal with. And, When you complain. I went to Gentle dental Northpointe, I was not told this until I was walking to the dental chair where the root canal was done! Going to the dentist should fit your schedule, not the other way around. We're proud to always welcome patients into our practices. We had paid hundreds of dollars for the dental work and had done nothing wrong. Doe v. Purity Supreme, 422 Mass. Id. Submit a complaint and get your issue resolved. 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. Share your photos and videos with others to prove the truth of your words. As of January 1, 2020 the. And the filling? Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. They did not crown but created a mold with filling material. Solve. Why would I want to go elsewhere? 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.. Manager. (re-considering earlier position taken in Weeks v. State of Maine,871 F. Supp. didn't bother to inform me in advance that I would need X-rays. 2023 Gentle Dental of New England All Rights Reserved. perhaps a "pass the trash" situation from her last job . From cleanings and exams to more specialized services such as root canals and crowns, we provide all dental services under one roof saving you time and money. 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. This argument is unavailing in the circumstances of this case. Are you worried about potential lawsuits? 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. (PDF) So, two years later, the question is, what is the status of the suit? Vets a stay away! The court is fortunate in not having to undertake this task as a matter of original *239 inquiry. We take protecting your data and privacy very seriously. Really? I have paid for upper and lower dentures and have not received them. In November 2019, the ADA filed a class action lawsuit against the Delta Dental Plans and the Delta Dental Plans Association. Id. I have had the same issue many other reviewers have had. My prior dentist was actually a fraud. at 1047-48 (Gertner, J.) . My dental insurance provided me with your office since they took my dental insurance. 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. Im intimately familiar with insurance billing practices and collections. , 1-800-673-1889. Infection from a tooth extraction can cause a patient to require hospitalization. $2, 000.00 max and to my surprise a deductible over $200.00. Watterson v. Page, 987 F.2d 1, 3 (1st Cir.1993). Malpractice lawsuits are huge! I arrived there on June 17th at 11:00 am CST for my first appointment. 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 . The Third and Eleventh circuits, for their parts, have set out a number of factors for courts in those circuits to consider in deciding whether the failure to name a party as a respondent in an administrative charge of discrimination is fatal to a later claim of discrimination in a civil suit against that defendant. No matter what, they take great care of us! For. Then, because they had stalled around, one of the remaining teeth became infected, and needed to be pulled, and to get antibiotics. Refund. Continue with Recommended Cookies. Mr. Susan. 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."). You. 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 normally am very careful about my budget and have good credit because I pay my bills. . Get free summaries of new District of Massachusetts US Federal District Court opinions delivered to your inbox! The one circuit to take a contrary view is the Fourth, which has held that a supervisory employee who exercises significant control over the hiring, firing, or conditions of employment of a plaintiff alleging a claim under Title VII is an "employer" for purposes of Title VII and may be sued in his individual capacity. 02130 Immediately. Each time I went there they just had hygienists give me a cleaning. There seemed to be a lack of a plan for treating these issues on the dentists part. I was told by the Santa Rosa ca. We are open late and on weekends so you can get the care you need. Our cosmetic services will give you the confidence to smile bigger and brighter. 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. I stopped to talk with my wife for a second and to listen to our baby-to-be's heartbeat, as she was getting an ultrasound. Moreover, Chatman alleges Van de Rydt frequently touched her without her consent. [protected]@gmail.com. She was just another corporate suit who cared nothing about the customers. Pet Professional Question: Is It Hard to Be a Dog Groomer? I asked for refund from gentle dental. Gentle Dental is a multi-specialty group practice in New England with 38 convenient locations across Massachusetts and New Hampshire. At the heart of the controversy is whether, by including the term "agent" in the definition of "employer," see 42 U.S.C. The claims asserted in those counts with respect to Gentle Communications, however, remain viable. ConsumerAffairs is not a government agency. Same day appointments available for emergencies at all locations. I need to make a complaint against Gentle Dental and Dr. Rodriguez and Dr. Poidmore. The complaint is silent on this subject. 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. You guys have my chart so why didn't you schedule me for what I needed. Did they think I would not hear or be able to read their lips? Especially the office at 612 Centre St. Jamaica Plain Ma 02130, poor assistance from their corporate office in Waltham Ma. Thank you Gentle Dental Jamaica Plain! 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. Scheduled an appointment for him ..which ended up being today a couple months later. Return. 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. I would definitely recommend my experience at Gentle Dental Cambridge in Porter Square. A. 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. Brettany Tinsley, whom I am told was only recently transferred there . That an office thats great for the kids can also be great for the grownups. And they are paired with the most up-to-date technology. gretchen Bryson. The entire discussion, confined to a footnote, was: 981 F.2d at 578 n. 2. I had a terrible experience with the root canal I received in May 2017. 518, 521 (D.N.H.1994) (finding defendant sufficiently identified in administrative complaint when named in particulars). I requested they allow him to go to Portland, OR so the orthodontist could at least move his treatment forward. On. She continued to talk about me and was rude, so I decided to call them myself and get the faxed over quickly. 12(b) (6) from considering documents beyond the four corners of the complaint, unless the motion is converted to a motion for summary judgment under Fed.R.Civ.P. I am totally frustrated with their bad communication and horrible service. Final straw: this practice requires payment in advance even if you have insurance. They talked me out of a full button bridge saying the teeth would do this and do that. The complaint alleges that the conduct and comments of the individual defendants and other dentists at Gentle Communications created a hostile work environment and interfered with Chatman's performance of her job. David Burger Patients can die from surgery if they experience malignant hyperthermia, which is a high fever that results from the anesthesia. The smile of your dreams is possible with solutions from teeth whitening to veneers. 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. . 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. I needed a gingival graft due from my orthodontia treatment when I was young, which resulted in bone loss. In the section of the form asking for particulars of the charge, however, Sobotka alleged that "upper level management" contributed to the discrimination, but she did not specifically name a person to whom the phrase "upper level management" referred. 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. Inspite of it not being our fault we paid. Insurance is a contract. On another occasion, Van de *231 Rydt offered to pay Chatman twenty dollars to lick an ice cream cone in front of him. I have spoken with Dr. Zeigler (the CEO) and he promised to work with me and now I can't contact him. 1052, 1064 (D.P.R.1996) (Laffitte, J.) 1993) cert. And it still left me with $195 to pay for the other half of the cleaning. Accordingly, the Title VII claims brought against the individual defendants in count IV are DISMISSED. Insurance company said no Then, gentle dental said 'oh, we made a mistake'. They cleaned my teeth. This is an excellent dental practice with flexible scheduling and friendly staff. When confronted said it's normal. 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.". Gentle Dental is my favorite dentist office I have ever been to. I don't know whether that's from the main office, or what." denied, ___ U.S. ___, 116 S. Ct. 569, 133 L. Ed. Out. This. 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! Still. When I got there the dentist advised me it was only the night guard. 15 minutes before the scheduled appointment's end. She copped an attitude and refuses to provide me a refund. My new dentist -different place- found the problem.. Crooked post!!! (recognizing individual liability of supervisory and apparently of non-supervisory employees, as well, under Title VII). I want my $700 refund now!! 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.). YOU GET WHAT YOU PAY FOR, AND IT'S NOT WORTH IT! 2d 39 (1987) (quotations omitted). Contact Information. I can't decide if my insurance company likes getting ripped off or if they get kickbacks from Gentle Dental or what. ComplaintsBoard.com is a leading complaint resolution website on the Internet. We're no longer going to see you as a patient here. 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. "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." That be 100 miles round trip. Well get to know you and your family, work with your calendar, and keep things quick, simple, and thorough. Their. Work on. Today, Advantage Insurance Solutions helps answer what is the most common reason patients sue dentists? 804 CMR 1.03(4), (a). 40 days later, we got the bill from UHC saying they declined to cover the $200.00 denture adhesive that they used. At any rate, both Brettany Tinslet and Tabbitha Pollard started going behind closed doors and making calls to various Gentle Dental offices. About Gentle Dental Schedule an appointment Life is full of momentsplanned and unplanned-and we're here for all of them. We told them to atleast wave off the x ray charges and give us the x rays. . It would not surprise me at all. Id. Thats utter and complete crap. The up selling. 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?" . We would love the opportunity to speak with you further about this experience and see if there is something we can do. 3 years going there for 1 implant that went wrong. Ive been Long story shortunless you have OHP or other state funded health care they won't even pull your tooth. A. 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. I am having the same problem with the Mesa office. On 2.15.22 I received a text message advising me that I have incomplete treatment and for me to call to schedule. Dental practice. 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. But when someone stands over you with a clipboard that gives you the ability to finish your dental work, you sign and pay. Gentle Communications is alleged to be a "Massachusetts corporation." No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. at 1047-48. Chatman nevertheless asserts that, under the authority of O'Connell v. Chasdi, 400 Mass. Dentists at Gentle Dental have received more Boston Magazine Top Dentist distinctions than any other dental practice. *229 Pamela S. Freeman, Freeman & Freeman, Brookline, MA, for Plaintiff. Search consumer complaints, reviews and information about gentle-dental. Out of the five adverse drug reactions lawsuits, two of them resulted in death. Please call [protected]. Get Directions. All Gentle Dental practices offer orthodontics for both adults and children including traditional braces and Invisalign clear aligners. When I shared my concerns with my dentist, the team helped me find a cost-effective solution for Invisalignand whitening, too!. The denture adhesive they applied didn't even stay in her mouth for 2 hours. 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. Of. Another occasion involves both Bornfriend and Toltz. Crooks, crooks, crooks And dr. Fergunson lies What a terrible practice! My. Receptionist answered and put me on hold twice and said she couldn't reschedule my appointment. Centre. 612. I called and left a message, I waited 2 days for them to call me back. Work, spoke. Each time I went I a new face, go to a different place. Unlike Title VII, Chapter 151B creates individual liability for various kinds of discrimination (including sexual harassment) with respect to employers as well as persons other than employers. I want my son to go to Gentle Dental Portland free of charge for a one time exams. For most fatalities, anesthesia complications are tied to problems related to tooth extraction. 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. Desired outcome: The First Circuit, however, has not decided directly the nature of the identification of a party that must be made in an administrative charge of discrimination so that that party may be properly held to answer in an ensuing civil action for discrimination (adverting to, without deciding, whether factors set forth in Glus v. G.C. 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. (b) A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense. . Murphy Co., 562 F.2d 880, 888 (3d Cir.1977), vacated on other grounds, 451 U.S. 935, 101 S. Ct. 2013, 68 L. Ed. .? 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. denied, ___ U.S. ___, 117 S. Ct. 2532, 138 L. Ed. Fell. This statement, however, does not dispose of the issue now before the court. . 2d 379 (1992) ("In a statutory construction case, when a statute speaks with clarity to an issue judicial inquiry into the statute's meaning, in all but the most extraordinary circumstance, is finished. On. 61, 62 (D.Mass.1997) (Young, J.) I need someone help. : . 1889-673-800-1. 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?" ComplaintsBoard.com is a leading complaint resolution website on the Internet. never treat your customers or even your worst enemy like thatNo! Id. 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. 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. after spending much time looking up his name and location on the Internet, and he was kind enough. . Plain. As of January 1, 2020 theCalifornia Consumer Privacy Act (CCPA)suggests the following link as an extra measure to safeguard your data:Do not sell my personal information. I wasnt owed $60.90; I was owed $98.90. A link has directed you to this review. I called to know regarding the x rays twice and she said I need to pay to get the x rays. 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. Like really?? 2d 49 (1986); Morrison v. Carleton Woolen Mills, Inc., 108 F.3d 429, 436-37 (1st Cir.1997). Marie of FL. According to them, everyone must have perio problems. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. It only gave them about 3 weeks. My. An. 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). Best dental care around! 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." More legal. She arrived at office and when she checked in they told her that she would have to pay $200.00-which she did-before even being seen. 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.