A number of courts have already traversed the paths that lead to understanding of the intent of Congress in its use of the word "agent" in 2000e(b). [13] A criticism leveled at those courts which hold that the agent clause is a codification in Title VII of the respondeat superior doctrine is that that approach renders the word "agent" as used in 2000e(b) "mere surplusage" because an employer, under agency principles, is responsible for the acts of his employees acting in the course of their employment. 3 years of going back and forth- being sent to other. A. HOW RUDE! Stay away from Gentle Dental Clinics. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The complaint alleges that Bornfriend displayed similar offensive conduct. We know your patients are an integral part of your dental practice.Download this OSHA compliant checklist for infection control. Pimentel. 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 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. We promise not to send you any unrelated messages, Click here if youd like to unsubscribe from notifications about new complaints of Gentle Dental. 37. Sign up to receive our free weekly newsletter. Any amendment to the complaint must be filed within ten days of the date of this opinion. ans basic stupidity Clevelland ward 37 chestnut ave jamaica plain, ma. Very dissatisfied. Gen. L. c. 151B 9. Plain. After she had difficulty finding the place I wanted to get the X-rays from, she gave them back to me to find them. If the charge put that party's conduct at issue and if the party was on notice of the charge and had an opportunity to participate in the MCAD proceeding, then the party appropriately may be named as a defendant in a later civil complaint alleging a violation of Chapter 151B. For non-digital locations: Your first visit will typically full-mouth x-rays. You can explore additional available newsletters here. Failure to file a proper charge with the MCAD is fatal to a later claim filed in court under Chapter 151B. I was a new patient. Of the patients who survived these complications, a few had brain damage which made a lawsuit necessary. 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. I wont go back again. For most fatalities, anesthesia complications are tied to problems related to tooth extraction. Luckily I always get a 2nd opinion and fortunately it saved me 10 grand! In that part of the charge, she *236 only identified Gentle Communications and the two Gentle Dental centers. 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. This morning I get a call from the manager and let her have both barrels. Everything dealing with payment is very rushed, for what should be obvious reasons to anyone whos fallen victim to their billing practices. When left untreated, periodontal disease can cause teeth to loosen and fall out, heart attack, stroke, or other cardiovascular issues. More legal. Kimberly's attorney filed a malpractice lawsuit against Dr. Collins, alleging he was negligent in performing the operation. He would also punch her in the arm and say: "Let's fight, I want to roll around on the ground with you." Work, spoke. I was seeing this office for years. How do I know I can trust these reviews about Gentle Dental? New patients receive an exam, all necessary x-rays, a cleaning, and a personalized treatment plan for $57. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Gentle Dental dentists provide award-winning care. The front office lady said she will talk to her manager on Monday if can be waived off and will get back. 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. I only had two choices: I could either get X-rays there or get them from a previous place. In the lawsuits surrounding the periodontal disease, the dentists failed to have routine x-rays which would identify periodontal disease. In total I was owed $191.90. 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. I would have to dig them out of my 10 ft by 20 ft storage locker and needed time. Id. found this review helpful. We and our partners use cookies to Store and/or access information on a device. I requested they allow him to go to Portland, OR so the orthodontist could at least move his treatment forward. Kiely v. Raytheon Company, 105 F.3d 734, 735 (1st Cir.1997). 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. They took impressions 3 times (which was not necessary). I'm having billing issues as well. Off. 657, 679 N.E.2d 252, 258 (1997) review denied, 425 Mass. Staff is exceptional and truly caring. On. 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. : 1-800-673-1889. Out. 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! 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. Quality Dental Care is Right Around Do yourself a favor and look for another dental business to deal with. 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. 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. . Search consumer complaints, reviews and information about gentle-dental. [8] In light of the disposition of the Title VII claims against the individual defendants, discussed in Section V.C, of this opinion, the discussion in this section is limited to the Chapter 151B claims. Along with general dentistry, each location has specialty services which allows for high quality, coordinated care. As a result, they succumbed to the infection. 1. Is there anything that Gentle Dental can offer? All Rights Reserved. Later she said they don't accept our insaurance and charged us 103 dollars. I filled up the new patient form and they said they will be checking if the insurance is accepted or not and till then I can sit on the dental seat and be evaluated. Another asked me to acknowledge that medications (not a specific medication but medications in general) can have side effects. 1021, 673 N.E.2d 40, 41 & n. 1 (1996) (Rescript). They cleaned my teeth. This office has been through 9 dentists, in the last three years. And I can see this is standard practice. 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. Marie of FL. Agreeing with the analysis of the Ninth Circuit in Miller and pointing to relevant Senate debate on the bill that became Title VII, the court reasoned that Congress was concerned with the cost to small employers of litigating discrimination claims. Our friendly dentists, caring hygienists and helpful staff are here for your whole family. 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. All of the cases of crown and bridge complications required some form of full-mouth restoration. I had a dental emergency that led me down this ridiculously expensive path and was thoroughly fleeced for my trouble. This. Manager no longer works there. On some Mondays he would ask Chatman if she had had sex over the weekend. Their claim as to Chapter 151B is that they were not appropriately identified in the MCAD Charge and therefore no claim lies against them in this action for violating that statute. Ruffino, 908 F. Supp. Van de Rydt is alleged to have engaged in the following conduct, among other things. I am having the same problem with the Mesa office. Id. I felt they were trying to rob me so i went to another dentist and WALA my feelings were correct i only have 3 cavities my wisdom teeth do not need to be removed and I do not need a crown Do not go to this place they are thieves We are sorry you feel that way Mack. The Massachusetts Supreme Judicial Court's decision in Brunson v. Wall, 405 Mass. GENTLE DENTAL CORONA - 12 Photos & 90 Reviews - 1074 W Sixth St, Corona, CA - Yelp Restaurants Home Services Auto Services Gentle Dental Corona 90 reviews Claimed Cosmetic Dentists, General Dentistry, Orthodontists Edit Closed Hours updated 3 weeks ago See hours Write a review Add photo Save Photos & videos See all 12 photos Add photo The consent submitted will only be used for data processing originating from this website. They showed (unsurprisingly) an amount due from insurance that was about $100 over what insurance was going to pay them. But the viability of Paroline is in doubt, even in the Fourth Circuit, in the wake of that circuit's decision in Birkbeck v. Marvel Lighting Corp., 30 F.3d 507, 510 (4th Cir. It would be nice they will inform you right away but the fact that they cannot even call you back to let you know. at *3. Gentle dental refunded me only 1,800 dollars.. So, I went over to where the dentist worked and called out his name, asking another worker there if the dentist was still there. I could say more about the dentist but don't wish to do so for personal reasons at the moment. 2023 Gentle Dental of New England All Rights Reserved. . All Gentle Dental practices offer orthodontics for both adults and children including traditional braces and Invisalign clear aligners. All submissions are the same experiences I have had with their practice. 1981), cert. Here are the most common reasons for most common dental malpractice claims. I have gone several times to Dr. Rodriguez to get adjustments and I am still not able to eat or chew any food. My experience with Gentle Dental located at 5815 Melton Drive in Oklahoma City, Oklahoma 73132 was about as bad as they could come. With no assistance from anyone there, I have contacted my attorney. .? . This argument is unavailing in the circumstances of this case. If a dentist fails to identify periodontal disease or gingivitis which can turn into periodontal disease, they are failing to protect the patient from the resulting conditions. Gen. L. c. 152 24, or by the exclusivity provision of Chapter 151B, Mass. Viewed in this way, the agent clause is not "mere surplusage,"[13] but serves an independent purpose. 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 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! and she still didn't care. Gentle Dental is supported by InterDent Service Corporation. Debbie didn't care and I told her I would sue . Well, that might be due to their bill being off by several hundred dollars at minimum (it stands to reason their amount submitted isnt the negotiated amount). Deductible. He once tore open Chatman's blazer to see what she wore underneath. I called to know regarding the x rays twice and she said I need to pay to get the x rays. 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. Another occasion involves both Bornfriend and Toltz. Especially the office at 612 Centre St. Jamaica Plain Ma 02130, poor assistance from their corporate office in Waltham Ma. 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. While permanent injuries, death, and other complications are pretty rare following a routine dental procedure, they do still happen. Which she never did. But when someone stands over you with a clipboard that gives you the ability to finish your dental work, you sign and pay. A literal reading of the phrase "and any agent of such person" appears to indicate that each of the employer entity and its employee/agent can have separate liability under Title VII. 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. Gentle Dental dentists provide award-winning care. I read that there is litigation against the parent company concerning medi-cal fraud (Gentledentalsucks.com). Patients can die from surgery if they experience malignant hyperthermia, which is a high fever that results from the anesthesia. The men then called Chatman into a conference room and suggested that she had posed for the centerfold while asleep or drunk the night before. 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. After 2 business days I call them again. Get the straight teeth youve always wanted. I have an ongoing email trail with them stating that I have been overcharged, and they only say they know I have and that it has been corrected each time. I needed a cleaning and reluctantly agreed to the deep clean. They failed to give me a correct estimate with the insurance, and a few months after my visit sent me a bill with no explanation whatsoever (like just a random number), and it took me many days to get them to explain and change this bill. Twice. A. Inept. at 690-691, 511 N.E.2d 349. I am a 70 year old man living in a transit housing for Veterans. Gentle Dental in Nashua NH took all of the money in my Health Savings Account. Not So Gentle, With over charging there costumers. . Thats utter and complete crap. 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. Dental malpractice is when the care received from a dentist, oral surgeon, or any other dental health provider was below the acceptable standard. On appeal, the Supreme Judicial Court affirmed, holding, as to the claims brought against the individual defendants: "While the individual defendants were not named parties in the MCAD proceeding, their conduct was at issue. On 2.15.22 I received a text message advising me that I have incomplete treatment and for me to call to schedule. 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. I have contacted my local office with no help. The dentists who caused adverse drug reactions failed to check for interactions before prescribing the drug they lean on most. "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." 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. Chatman specifically alleges that the individual defendants were acting within the scope of their employment when they committed the intentional torts at issue in this case. However, the language is far from clear when read in conjunction with other provisions of Title VII. (recognizing individual liability of supervisory and apparently of non-supervisory employees, as well, under Title VII). Please contact our office by phone or complete the appointment request form below. Periodontal disease is an infection of the bone and tissues of the mouth. [6] On a motion to dismiss for failure to state a claim, the court is ordinarily precluded under Fed.R.Civ.P. I wasnt owed $60.90; I was owed $98.90. 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}. If your patient feels they were a victim of dental malpractice, its important for you to know what they will need for the lawsuit. I said, "Well, I still want to talk with him." Gen. L. c. 151B 5. Received a bill, called billing mgr Rosa. First, a bit of background information. Did she think I was a ###? Andrews v. Arkwright Mut. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. 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. Only a portion was used and there is about $900 left that they owe me. This will surely increase the credibility of your complaint. extremely rude! And I found out from their staff that they put their own reviews on their website and www.myrepupation.com more unethical behavior! Paid. Refund. Jessica Boitz (gill) The court thus held that, because the two purposes of the requirement for filing a charge with the MCAD notice and an opportunity to conciliate had been fulfilled with respect to the comptroller, "to dismiss Sobotka's c. 151B claim [against the comptroller] would be to unnecessarily put form over substance." Birkbeck, 30 F.3d at 510, n. 1; see also White v. CMA Construction Co., Inc.,947 F. Supp. More legal. I am totally frustrated with their bad communication and horrible service. [3] The following facts are summarized from the complaint, and they are taken as true for purposes of the present motion. This crown was never on my treatment plan, by the way, and I never heard about it before. I have been overcharged since the beginning (2020) of me using Gentle Dental in Derry, NH. Powers v. H.B. This complaint was posted by a verified customer. That's what he's doing." "); Anzalone, 526 N.E.2d at 249; Tennaro v. Ryder System Inc.,832 F. Supp. Hats off to Dr. Amin, Dr. Colon and Sheela. They are professional, understanding and reasonably priced. Sign up for our free summaries and get the latest delivered directly to you. Submit a complaint and get your issue resolved. 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. Perfect fit! Its never too early to protect your smile. The complaint has been investigated and resolved to the customers satisfaction. : , 1-800-673-1889. Bhairavi Hemani The Saturday hours are a huge plus at this dentist in Belmont. We are open late and on weekends so you can get the care you need. Also, the dentists did not follow up after the procedure. Thanks. Unsubscribe easily. Kiely, 105 F.3d at 735. 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. There is no grievance dept for gentle dental in AZ New manager took over has no clue what to do.. Told me to call other gentle clinics.. Been a runaround is what I went thru---3 years. The court reasoned that there was no individual liability under the ADEA for "personnel decisions of a plainly delegable nature." Me. Id. Immaculate office. Give your child the compassionate and thorough care they deserve. See Mass. I had not seen him leave! Of the life-threatening cases, several were a result of brain abscesses. An example of data being processed may be a unique identifier stored in a cookie. 98 total. He often commented on various of Chatman's physical features, including what he described as the fullness of her lips. I was refused my normal cleaning. Would also recommend their periodontist. As of January 1, 2020 the. Guess what?! Chatman later dismissed the MCAD Charge and filed a civil action in state court pursuant to Mass. Gen. L. c. 151B 4, Subsections 4A, 5 and 16A. 3 years of going back and forth- being sent to other gentle dental clinics to try to correct the problem - I was told to drive to Mesa, AZ. Is that so hard?! In Brunson, the plaintiff filed a charge of racial discrimination with the *234 MCAD, naming only her employer as the party who discriminated against her. Deductible. 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. 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. Meritor Savings Bank v. Vinson,477 U.S. 57, 64-65, 106 S. Ct. 2399, 2404-05, 91 L. Ed. At a hearing on the motion, the court issued, from the bench, rulings on certain of the issues raised by the present motion. New dentist charged me slight over 5 grand to correct the problem. Out. : , . Some of our partners may process your data as a part of their legitimate business interest without asking for consent. I needed a root canal and crowns in addition to a cavity filling. It is therefore "inconceivable," said the court, that "a Congress concerned with protecting small employers would simultaneously allow civil liability to run against individual employees." Send me any. The Ninth Circuit held that "[d]efendants not named in the EEOC complaint can be sued under Title VII where such individuals should have anticipated being named in a Title VII action arising from the complaint." The smile of your dreams is possible with solutions from teeth whitening to veneers. Not wait any longer I demand. Will. Ma 02130, Return my. Let our team get you coverage. They said everything is transferred to the other office BEFORE this appointment and is Why we had today scheduled. Whom in was going. ARE YOU KIDDING ME!! denied, ___ U.S. ___, 116 S. Ct. 569, 133 L. Ed. 2d 134 (1982). Why weren't the x-rays shared from his dentist office? at 1047-48. 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. [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. I need someone help. Not just a great dentist but a great person. Mass. 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." Waiting. That was (according to them) and overcharge of $60.90. 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. 526, 528-529 (D.N.H.1993) (Devine, J.) 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. Work on. [10] Sexual harassment can be a form of sex discrimination actionable under Title VII. I guess so . I told her she is lucky I don't come into the office and absolutely humiliate her, in front of clients. Reimbursed. Never . I got the staff to admit all new patients get deep cleanings (which is a huge foul when it isnt clinically indicated - I have no periodontal disease per their own exam). 2000e-8(c), and the duty to post notices, 42 U.S.C. All Gentle Dental practices offer orthodontics for both adults and children including traditional braces and Invisalign clear aligners. . When sinus perforation happened, the dentists failed to diagnose the patient accordingly. See Charland v. Muzi Motors, Inc., 417 Mass. A lead apron is always provided for further protection. This comment was posted by a verified customer. In addition, Title VII's equitable damages provision permits a court to order the "reinstatement or hiring of employees." So, they left me, in agony, over the weekend, for what? Inc., 991 F.2d 583, 588 (9th Cir. In this case, the language in 2000e(b) appears to be clear at first glance. Manage Settings Our specially trained pediatric dentists can meet the unique oral health needs of your children. My dentist, Dr. Alikpala in Arlington, is caring and knowledgeable. You need to leave." If the dentist or oral surgeon failed to provide the proper medications for recovery, they were liable for covering the hospital visit. Malpractice lawsuits are huge! Last time for my root canal I paid $700 and they still came to me asking for $90 more a month later. I was a happy customer of Gentle Dental. 1-800-673-1889. Well take care of the teeth youve got, and the ones you dont. Is that called help. Hope they go out of business honestly. It is unlikely that Congress intended to impose such administrative duties on individual supervisors. the corner. The office stated it was lunch so everyone was gone. , 1-800-673-1889. Chatman, an African-American woman, began her employment with Gentle Communications, Inc., Gentle Dental Center of Cambridge, and the Gentle Dental Center of Waltham (collectively, "Gentle Communications") in November, 1991. She copped an attitude and refuses to provide me a refund. Once again, Brettany Tinsley took the phone book from the counter and made the call herself. I called and left a message, I waited 2 days for them to call me back. For this total amount 5 teeth were pulled. See, e.g., Estate of Cowart v. Nicklos Drilling Co.,505 U.S. 469, 475, 112 S. Ct. 2589, 2594, 120 L. Ed.
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