Id. The Seventh Circuit holds a similar view. [4] Initially, she worked as a receptionist for Gentle Communications under the direct supervision of Dr. Leendert Van de Rydt ("Van de Rydt"), alleged to be a dentist and "directing partner" of Gentle Communications. She takes the time to show you pictures of your teeth and why she recommends a certain procedure. c. 152, bars Chatman from bringing separate claims of assault, battery and intentional infliction of emotional distress (counts V-VII) against the individual defendants. I called and left a message, I waited 2 days for them to call me back. That an office thats great for the kids can also be great for the grownups. 3 years of going back and forth- being sent to other. It is in that context then that the court will consider the claims against the individual defendants. The amended complaint must be filed within ten days of the date of this opinion. Great staff and excellent office manager. A copy of the written consent form that was signed prior to the surgery (if any other treatment happened without consent, this will push the case in the patients favor), Record all of your patients history with you, A treatment plan for any injuries or complications experienced, Notes are written regarding the procedure. Well get to know you and your family, work with your calendar, and keep things quick, simple, and thorough. The jury returned verdicts in favor of the plaintiff on these claims, but the trial judge granted judgment notwithstanding the verdict. Of my. In four years of going to his office he never once looked in my mouth. Also, the dentists did not follow up after the procedure. denied, 510 U.S. 1109, 114 S. Ct. 1049, 127 L. Ed. Luckily I always get a 2nd opinion and fortunately it saved me 10 grand! My upcoming appointment was going to be $195.10. Your first visit will typically include full-mouth digital x-rays. [8] These defendants assert *233 that they were not named as respondents in the MCAD Charge. Pocket. 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. As for the view of the other circuits on the question of individual liability, there appears to be an emerging consensus that an employee who does not otherwise qualify as an "employer," is not individually liable under Title VII. Their dental record will have to contain the history of their care, the procedures youve performed, future treatment plans, and necessary communication between the dentist and patient. Really? 1996). 37. : , , , . Brettany Tinsley, whom I am told was only recently transferred there . The last time I was in the office, 8/1/22, I was told that my insurance would not cover more than 2 cleanings per year. I need to make a complaint against Gentle Dental and Dr. Rodriguez and Dr. Poidmore. Gentle Dental Inc Reviews, Ratings | Dentists near 1497 E Venice Ave A Pilot Life Ins. Thats why they built dental practices in convenient locations with convenient hours. On a motion to dismiss for failure to state a claim, the court is required to take the factual averments of the complaint as true and to draw all reasonable inferences in favor of the plaintiff. I went from one office to another because my dentist's agental dental retired he was in the middle of doing new dentures for me My case was transferred to gentle dental on Mona Lisa drive-in . In her brief in opposition to the present motion and in papers accompanying the brief Chatman alleges facts concerning the notice to and participation of the individual defendants in the proceedings before the MCAD. Out. In addition, Title VII's equitable damages provision permits a court to order the "reinstatement or hiring of employees." A. Year after year our offices are named Choice Dental Office in their towns and regions by Readers Choice Awards. found this review helpful. The dentists who caused adverse drug reactions failed to check for interactions before prescribing the drug they lean on most. Gentle Dental has received more Boston Magazine Top Dentist distinctions than any other dental practice in New England. Give your child the compassionate and thorough care they deserve. Co. v. Dedeaux,481 U.S. 41, 51, 107 S. Ct. 1549, 1555, 95 L. Ed. I have had the same issue many other reviewers have had. 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. "); Anzalone, 526 N.E.2d at 249; Tennaro v. Ryder System Inc.,832 F. Supp. And, When you complain. Up. [Resolved] Gentle Dental Review: Unethical billing practices After 2 business days I call them again. Off. Gentle Dental is not an honest business. I am having the same problem with the Mesa office. 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. Well take care of the teeth youve got, and the ones you dont. [3] The following facts are summarized from the complaint, and they are taken as true for purposes of the present motion. They have high turnover of so called dentists. For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. 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). So, I called Saturday, and left a message about courtesy, and respect for clientele. An. . Chatman v. Gentle Dental Center of Waltham, 973 F. Supp. 228 (D. Mass 231, 234-35 (E.D.Va.1996) (noting controversy over whether Birkbeck eviscerated the holding in Paroline; collecting cases reflecting intracircuit split). The defendants assert that the Workers' Compensation Act (the "Act"), M.G.L. Id. denied, 513 U.S. 1015, 115 S. Ct. 574, 130 L. Ed. Office b. He would also punch her in the arm and say: "Let's fight, I want to roll around on the ground with you." They will not provide the 2 free cleanings that the insurance company allows for. Out of all the medical malpractice lawsuits that are issued every year, 1 out of 7 of them is related to dental care.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'teamais_net-medrectangle-3','ezslot_3',136,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-medrectangle-3-0');if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'teamais_net-medrectangle-3','ezslot_4',136,'0','1'])};__ez_fad_position('div-gpt-ad-teamais_net-medrectangle-3-0_1');.medrectangle-3-multi-136{border:none!important;display:block!important;float:none!important;line-height:0;margin-bottom:7px!important;margin-left:auto!important;margin-right:auto!important;margin-top:7px!important;max-width:100%!important;min-height:50px;padding:0;text-align:center!important}. Patients receive award-winning dental care from dentists who are graduates from top dental schools. I have been a patient at this office for 10+ years and would recommend Gentle Dental Wakefield to anyone for their next dentist appointment! 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. ans basic stupidity Clevelland ward 37 chestnut ave jamaica plain, ma. I wont go back again. 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 . 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.". 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]. 580, 631 N.E.2d 555, 556-559 (1994). Gentle Dental provides general dental services as. Because the dentists are unable to check the patients medical history, they give a drug that interacts negatively with drugs the patient was already taking. denied, 513 U.S. 1058, 115 S. Ct. 666, 130 L. Ed. I want my $700 refund now!! ARE YOU KIDDING ME!! The better you understand what can cause a dental malpractice lawsuit, the easier you can avoid one. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. Please contact our office by phone or complete the appointment request form below. For more information about reviews on ConsumerAffairs.com please visit our You cant knowingly overcharge a patient and hang onto the payment on the off chance insurance doesnt pay what you hope to receive. 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. PAUNAWA: Kung nagsasalita ka ng Tagalog, maaari kang gumamit ng mga serbisyo ng tulong sa wika nang walang bayad. My wife called me on my cell phone number while I was looking for the number in the phone book--again. Gentle Dental in Nashua NH took all of the money in my Health Savings Account. Fell. I may yet. I went there because of my previous experience with Dr. **. 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. Is that called help. They don't want you as a client anymore. Watterson v. Page, 987 F.2d 1, 3 (1st Cir.1993). 1981), cert. Bhairavi Hemani You can explore additional available newsletters here. 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. More legal. Of the eleven circuits that have addressed the question, ten have rejected the imposition of individual liability under Title VII. Start all over project.. Continue with Recommended Cookies. Why? 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. Deadbeat company. On one occasion, while a number of Gentle Communications staff members were together at a bar, Van de Rydt threw salt on the plaintiff's hands and licked it off, drinking a shot of tequila with it. Joke!! Vets a stay away! 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. 518, 521 (D.N.H.1994) (finding defendant sufficiently identified in administrative complaint when named in particulars). Top 305 Gentle Dental Reviews - ConsumerAffairs They never told her that UHC does not cover anything to do with dentures. In August v. Offices Unlimited, Inc., 981 F.2d 576, 578 (1st Cir.1992), the court noted that a civil action for discrimination cannot be maintained under Massachusetts law against a party not named in a charge filed with the MCAD. We value your privacy. 40 days later, we got the bill from UHC saying they declined to cover the $200.00 denture adhesive that they used. 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. Twice. 2d 493 (1995) (individual supervisors not personally liable under Title VII). Anzalone v. Massachusetts Bay Transportation Auth., 403 Mass. On. Thank you Did she think I was a ###? 2d 321 (1981), are to be considered in determining whether a party is appropriately identified in an administrative charge). 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. Directly. The court held that the reference in the "particulars" section of the charge to "upper level management," was adequate to notify the comptroller in, and arguably to identify him of, the charge, so that the plaintiff was not precluded from including the comptroller as a defendant in the ensuing court action. 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. Mass. 2d 39 (1987) (quotations omitted). 61, 62 (D.Mass.1997) (Young, J.) I called and scheduled an appointment for 3.15.22 at 3 pm. Give me my money back uuugghhh. Because the complaint here does not allege that the individual defendants had notice of the MCAD Charge and an opportunity to conciliate it and because notice and an opportunity to conciliate cannot be reasonably inferred from allegations in the complaint, the claims asserted in counts I and IV are dismissed as to the individual defendants. In November, 1993, Chatman contacted an attorney regarding her potential claims of discrimination and sexual harassment against Gentle Communications. Dentists pressed to drill healthy teeth for profit, ex-employees say I work for an insurance company and understand the GRID discount, and how I am not responsible for that, and you have a contracted rate which you need to accept. at 1315 (quoting Miller, 991 F.2d at 588 n.2). . You guys have my chart so why didn't you schedule me for what I needed. . 1019, 1048 (D.Mass.1995) (holding that individual liability exists under c. 151B). It was at THIS POINT, the manager said "I am going to be brutally honest with you. Out. at 690-691, 511 N.E.2d 349. I agree with you. They talked me out of a full button bridge saying the teeth would do this and do that. 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. Time: 2:45PM-3PM Birkbeck, 30 F.3d at 510, n. 1; see also White v. CMA Construction Co., Inc.,947 F. Supp. (citing Sosa v. Hiraoka, 920 F.2d 1451, 1458 (9th Cir.1990)). The teaching of Brunson, made applicable to the present circumstances, amounts to this: whether a party has been appropriately identified as a wrongdoer in a charge filed with the MCAD so as to support a subsequent civil action against that party is a matter to be determined from a reading of the charge as a whole. 156, 508 N.E.2d 587, 591 (1987). Another asked me to acknowledge that medications (not a specific medication but medications in general) can have side effects. Out. All Gentle Dental practices offer orthodontics for both adults and children including traditional braces and Invisalign clear aligners. 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. family. I would definitely recommend my experience at Gentle Dental Cambridge in Porter Square. Are you going to reimbursement me for your mistake?? 119, 526 N.E.2d 246, 249 (1988). Virgo, 30 F.3d at 1359. Will. I was not told this until I was walking to the dental chair where the root canal was done! 1497 E Venice Ave # A. Venice, FL 34292-3064. Send me any. She copped an attitude and refuses to provide me a refund. ? [7] This section of Chapter 151B allows a charging party to dismiss the charge filed with the MCAD within ninety days after filing (or sooner if a commissioner of the MCAD consents in writing) and commence a civil action. Average of 1 Customer Reviews. 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. Ive been Long story shortunless you have OHP or other state funded health care they won't even pull your tooth. He often commented on various of Chatman's physical features, including what he described as the fullness of her lips. Fell. 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. For. The Saturday hours are a huge plus at this dentist in Belmont. Quality Dental Care is Right Around 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. Patients can die from surgery if they experience malignant hyperthermia, which is a high fever that results from the anesthesia. $700. Complaint 7. The complaint alleges that crude sexual language and innuendos were pervasive in the office. There may be more specific results for "gentle-dental" . I said, "Well, I still want to talk with him." 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. In total I was owed $191.90. Immaculate office. I told her she is lucky I don't come into the office and absolutely humiliate her, in front of clients. Ripoff Report Needs Your Help! The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. Centre. 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. The up selling. 2000e-5(g) (1). Gentle Dental is supported by InterDent Service Corporation. Do you agree to download this file? 1052, 1064 (D.P.R.1996) (Laffitte, J.) See Tomka, 66 F.3d at 1319 (Parker, J., dissenting) ("Absent this [agent] clause, Title VII would nevertheless permit respondeat superior liability against employers for the acts of their agents under common law liability principles. 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. Delta Dental lawsuit ongoing | American Dental Association We told them to atleast wave off the x ray charges and give us the x rays. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. cert. And I. 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. Pimentel. The complaint has been investigated and resolved to the customers satisfaction. She said, "Oh, Dr._________ (I am choosing not to include his name for personal reasons) is with another patient." You already receive all suggested Justia Opinion Summary Newsletters. [2] Chatman originally filed an eleven-count complaint in a Massachusetts state court (the "complaint"). Thats utter and complete crap. Doe v. Purity Supreme, 422 Mass. 2d 973 (1982). They didn't bother to call. ComplaintsBoard.com is a leading complaint resolution website on the Internet. I need atleast my x ray charges waived. The failure to name a party in a charge filed with the MCAD may preclude the plaintiff from later maintaining a Chapter 151B claim in court against that party. This will surely increase the credibility of your complaint. $700. More legal. "[6] In later parts *232 of the MCAD Charge, she set forth in detail the conduct that she claimed violated Chapter 151B. I paid almost $4, 000.00 to have 5 teeth pulled and just with a numbing needle. In February, 1992, Chatman was promoted to an administrative position with Gentle Communications, and Barry Bornfriend ("Bornfriend") became her supervisor. A. The most common reason for adverse drug reactions is negligence in the dentist checking the patients medical history. Please call [protected]. They stated I was to return after records received. (supervisors may be personally liable as "agents" of an "employer" under title VII); Iacampo v. Hasbro, Inc., et al., *237929 F. Supp. My experience was terrific! My experience with Gentle Dental located at 5815 Melton Drive in Oklahoma City, Oklahoma 73132 was about as bad as they could come. We have been providing peace of mind for you and your family for over 45 years. Thank you. The alleged misconduct of the defendants, Chatman claims, constitutes race discrimination and sexual harassment made unlawful by Mass. She rudely told the person on the phone right in front of me, "I told him [me] that I would do the X-rays for free, but he refused." About, Over Charges If the dentist or oral surgeon failed to provide the proper medications for recovery, they were liable for covering the hospital visit. $700. At work, Bornfriend would chase the plaintiff around her desk, pinch her and try to grab her, all without her consent. Go Away.. As. Section 2000e-2(a) of Title VII prohibits an employer from engaging in discrimination in the workplace. . Not. Inspite of it not being our fault we paid. Submit a complaint and get your issue resolved. The First Circuit, however, has made at least one statement en passant on the subject of the consequences, for subsequent litigation, of the failure to name a party as a respondent in a charged filed with the MCAD. (no individual liability under Title VII), with Lamirande v. Resolution Trust Corp.,834 F. Supp. 15 minutes before the scheduled appointment's end. I just wanted to get my teeth cleaned! A. Inept. I was charged and fully paid for a mouth guard but they never fulfilled the order and I never received it. Our in-house specialists have the right solution for you, from traditional braces to Invisalign. On 2.15.22 I received a text message advising me that I have incomplete treatment and for me to call to schedule. Its location on this page may change next time you visit. Crown. Kiely v. Raytheon Company, 105 F.3d 734, 735 (1st Cir.1997). Id. 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. [10] Sexual harassment can be a form of sex discrimination actionable under Title VII. Id. Best dental care around! At Gentle Dental, were your dentists for life. After she had difficulty finding the place I wanted to get the X-rays from, she gave them back to me to find them. Not gentle. Submit a complaint and get your issue resolved. This site is protected by reCAPTCHA and the Google, District of Massachusetts US Federal District Court. Smith Co., Inc., 42 Mass.App.Ct. Manage Settings I started on a plan to get an upper plate, and a partial lower, in Feb. 2022. , 1-800-673-1889. 7/1/2022 - When I was originally quoted a price for partial dentures I was told my insurance would pay approximately half of my bill and I would have to pay the other portion out of my pocket. [5] Bornfriend is also alleged to have held equity interests in the two Gentle Dental centers. She snapped back, "Well, you can't. The next few months I need to rent an apartment for my new home. The court reasoned that there was no individual liability under the ADEA for "personnel decisions of a plainly delegable nature." David Burger Whom in was going. I want my money back, over 900 dollars for the discolored front tooth replacement crown! Second, there is no discussion about the content of the charge filed with MCAD and whether the individual defendants had notice and an opportunity to participate in the MCAD proceedings. Is this your company? When asked in the charge form to describe the particulars of her charge, however, Chatman set out in detail the conduct of the individual defendants which she claims constituted discrimination and sexual harassment. Bornfriend replied that Chatman would "get down on her knees and service him" a comment the plaintiff took to mean that she would fellate him. It is the oral surgeons job to keep an eye out for the symptoms of this condition and treat it immediately. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. See Charland v. Muzi Motors, Inc., 417 Mass. Tumawag sa 1-800-673-1889. 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.