Issues Following Extractions. The bottom line: I would not recommend trusting your teeth or your finances to this company, as they might mess up both. 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. Chatman nevertheless asserts that, under the authority of O'Connell v. Chasdi, 400 Mass. Ruffino, 908 F. Supp. It thus appeared to the Second Circuit, as it had to the Ninth Circuit, that Congress had contemplated that only employer entities, and not individual employees as agents of the employer entity, could be held liable for compensatory and punitive damages because. Each time I went there they just had hygienists give me a cleaning. Their. The defendants contend that Chatman's Title VII claim, brought against the individual defendants (count IV), cannot be maintained, because individuals are not personally liable under Title VII. The defendants assert that the Workers' Compensation Act (the "Act"), M.G.L. In other words, the billing at this company is very non-transparent at all. 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. Gentle Dental reviews & complaints 33 complaints 9 resolved 24 unresolved File a complaint Table of contents Claim listing Follow Share Complaints Profile Gentle Dental reviews 33 M Mouth Guarded of Rancho Cucamonga, US Nov 29, 2022 10:34 am EST Verified customer Featured review Billing errors - unprofessional attitude A. Virgo, 30 F.3d at 1359. David Burger No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. denied, 513 U.S. 1015, 115 S. Ct. 574, 130 L. Ed. Went to office to discuss and they gave me the papers I requested but could not do anything about a refund. It was at THIS POINT, the manager said "I am going to be brutally honest with you. When I contacted them, the SAME woman, said it must have been someone else that I talked to.. Nope, same woman. Gentle dental refunded me only 1,800 dollars.. Wanted to like this place but it's just been bad experience after bad experience. His incompetent staff has just screwed up and I believe I will be looking for another dentist. Contacted the office manager to give me a call back 2 times and she never has. There has also been one patient who has suffered from an infection as a result of the complication. As a result, they succumbed to the infection. She MORE than deserved it. I was a new patient. 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." The attorney began to investigate her claims by calling various employees and friends of Chatman. Dentist Gentle Dental Complaints Complaints Gentle Dental Dentist View Business profile Customer Complaints Summary Business's Response Rate: 49% Why is this important? (supervisors may be personally liable as "agents" of an "employer" under title VII); Iacampo v. Hasbro, Inc., et al., *237929 F. Supp. We told them to atleast wave off the x ray charges and give us the x rays. They even closed the door so I could no longer hear them. She snapped back, "Well, you can't. 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! Marie of FL. 37. I have had the same issue many other reviewers have had. Not just a great dentist but a great person. 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. April 21, 1994), that court considered a lawsuit stemming from a charge Sobotka filed with the MCAD that had listed only the Westfield Savings Bank in the part of the charge form that called for the name of the party alleged to have discriminated against her. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Delta Dental DMD's wanted another $1800.00 and at first said they would need the top partials in order for the new bottom partials to fit properly. Gen. L. c. 151B 5. Call 1-800-673-1889. There are many requirements to win a dental malpractice lawsuit and some people have won. at *2. Adults and children have died as a result of anesthesia complications. After the defendants removed the case to this court, pursuant to 28 U.S.C. : , , , . Nor was Chatman notified of any corrective measures taken by Gentle Communications. Complaint 7. 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. Id. Ma. With some exceptions, not relevant to the present question, the court, on a motion to dismiss, is limited in its consideration of the legal sufficiency of a plaintiff's claim to those facts alleged in the complaint and the inferences that may reasonably be drawn from those alleged facts. Refund. Insurance company said no Then, gentle dental said 'oh, we made a mistake'. In November, 1993, she sought medical treatment for her symptoms, which included fatigue, insomnia, nervousness, eating problems and depression. On. Digital x-rays not only provide a better quality image for examination but are more comfortable for you and provide very low radiation exposure. 2023 Gentle Dental of New England All Rights Reserved. You folks better read that. . 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. Weird. 42 U.S.C. The amended complaint must be filed within ten days of the date of this opinion. Of the patients who survived these complications, a few had brain damage which made a lawsuit necessary. That's what he's doing." The smile of your dreams is possible with solutions from teeth whitening to veneers. The entire discussion, confined to a footnote, was: 981 F.2d at 578 n. 2. Bhairavi. The court reasoned further that, with the passage of the 1991 Act, Congress explicitly set forth, in the remedial provisions, certain caps on the compensatory and punitive damages that may be awarded against employer entities, calibrated to the size of the employer. I used to be a nervous patient, but not anymore. See Mass. Did they think I would not hear or be able to read their lips? The office manager said she would get right back to me. Shody. family. I had a terrible experience with the root canal I received in May 2017. Still. No one has ever contacted me prior to this call. The MCAD Charge is a public record and is also referred to in the complaint. Anzalone v. Massachusetts Bay Transportation Auth., 403 Mass. [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. Times. She retorted rudely, "He's working on his lunch break. We all come in on the same day, which is a blessing for our busy schedules., I always wanted a straighter smile, but held off due to costs. Gentle Dental is not an honest business. at 2408). Good afternoon. For more information about reviews on ConsumerAffairs.com please visit our 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. 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. We believe that quality dental care should work with your busy schedule. [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. In addition, there appears to be a great miscommunication between the billing department, the reception, and the medical staff. District courts within the Circuit have taken contrary positions on the question. Inc., 991 F.2d 583, 588 (9th Cir. He would also punch her in the arm and say: "Let's fight, I want to roll around on the ground with you." The doctors at this practice are OK, however, the billing department is not gentle at all. ComplaintsBoard.com is a leading complaint resolution website on the Internet. I said, "Well, I still want to talk with him." A. We believe that quality dental care should work with your busy schedule. denied, 510 U.S. 1109, 114 S. Ct. 1049, 127 L. Ed. I called to know regarding the x rays twice and she said I need to pay to get the x rays. 1-800-673-1889. She was extremely rude and unprofessional. Co., 423 Mass. 563, 664 N.E.2d 815, 818 (1996) ("Except for certain exceptions not applicable here, intentional torts are covered by the [Act], even when they are committed by coemployees. That be 100 miles round trip. Pimentel. One Massachusetts trial court, however, has ventured an opinion on the question. Id. Out of the five adverse drug reactions lawsuits, two of them resulted in death. 1-800-673-1889. 630(b), did not impose individual liability on an employee who had responsibility for the layoff of the plaintiff. My daughter's appointment was supposed to last an hour, so we wait for her in the car and at the nearby Fred Meyer. They were rude and blamed it all on me when I assumed I was working with professionals when I went to gentle dental, whom I have used for the past 20 years! Gi s 1-800-673-1889. This. More legal. Work, spoke. The dentists who caused adverse drug reactions failed to check for interactions before prescribing the drug they lean on most. Paroline v. Unisys Corp., 879 F.2d 100, 104, (4th Cir.1989), modified on other grounds, 900 F.2d 27 (4th Cir.1990). Info. Yes, I was pretty nasty, with her. 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. I was seeing this office for years. See Hernandez, 938 F. Supp. All Rights Reserved. I went for a visit and they claimed i needed a deep cleaning i told them that's strange i should not need that I usually get cleanings twice per year they then claimed i had 6 cavities, i needed my wisdom teeth removed and I needed a crown. Brettany Tinsley even mocked my mild-moderate stutter right in front of me, and another staff member smiled as she did it. 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. How many more trips will that take to correct the problem? Desired outcome: Dentists at Gentle Dental are graduates of top universities including Harvard, Tufts, Boston University, and UCONN. Routine dental checkups are important for a healthy and confident smile. How do I know I can trust these reviews about Gentle Dental? . ARE YOU KIDDING ME!! [7] That action was removed to this court by the defendants, with jurisdiction founded on the claimed violation of Title VII. Crooks. Your first visit will typically include full-mouth digital x-rays. 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. There's more, but let me tell you: beware of this outfit. at *3. Refund. Van de Rydt finally threatened that if Chatman continued to refuse his advances she would lose her job. (941) 924-7920. See Charland v. Muzi Motors, Inc., 417 Mass. 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. 119, 526 N.E.2d 246, 249 (1988). My bill, with insurance coverage according to their billing department was over $1300. When sinus perforation happened, the dentists failed to diagnose the patient accordingly. Are you a practicing dentist? denied, ___ U.S. ___, 117 S. Ct. 2532, 138 L. Ed. All Gentle Dental practices offer orthodontics for both adults and children including traditional braces and Invisalign clear aligners. 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'). Complaint 11, 16. Such intentional torts are not an accepted risk of doing business". 1993) cert. I had a dental emergency that led me down this ridiculously expensive path and was thoroughly fleeced for my trouble. The whole process went smoothly. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. Really? On. Is that called help. The denture adhesive they applied didn't even stay in her mouth for 2 hours. Are you going to reimbursement me for your mistake?? 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. Call us to confirm coverage. Times. No. The uppers were paid for in 2014 and the lowers paid for in 2015. Dr. Mancini I n will. I was charged and fully paid for a mouth guard but they never fulfilled the order and I never received it. at *2. 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?" Me. 02130 Immediately. 12(b) (6). 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). Service. The front office lady said she will talk to her manager on Monday if can be waived off and will get back. If your patient feels they were a victim of dental malpractice, its important for you to know what they will need for the lawsuit. Dental malpractice is when the care received from a dentist, oral surgeon, or any other dental health provider was below the acceptable standard. I normally am very careful about my budget and have good credit because I pay my bills. 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 suggests the following link as an extra measure to safeguard your data: RV Insurance 101: How to Choose the RV Insurance you need, Can Pet Insurance Be Transferred to a New Owner. Were here when you need us. Have. We also explain dental malpractice, the most common dental lawsuit, and how to protect your dental practice. at 572; Ruffino, 908 F. Supp. Office b. After the incident at Gentle Dental Services in October 2014, Pawlowicz filed a medical negligence lawsuit against the dentist, Beata Kozar-Warchalowska. Also, the dentists did not follow up after the procedure. Still asking for more refund.. Not near what I had to pay for correcting the crooked post- new bone grafting and so on 3 years of running around they gave me. Like really?? 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. Today he was to go in and have this tooth capped and takin care of. 2000e-8(c), and the duty to post notices, 42 U.S.C. First, a bit of background information. 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. I'm having billing issues as well. Gentle Dental West Seattle 31 reviews Claimed General Dentistry, Orthodontists, Cosmetic Dentists Edit Open 7:00 AM - 6:00 PM Hours updated 2 weeks ago See hours Write a review Add photo Share Save Photos & videos See all 7 photos Add photo teeth Other General Dentistry Nearby Sponsored 425 Dental 105 15.5 miles away from Gentle Dental West Seattle Contact Information. *229 Pamela S. Freeman, Freeman & Freeman, Brookline, MA, for Plaintiff. Especially the office at 612 Centre St. Jamaica Plain Ma 02130, poor assistance from their corporate office in Waltham Ma. This comment was posted by a verified customer. I have asked to speak with a manager without any call. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. 2d 973 (1982). When I complained, Blue Cross was satisfied with "Oops billing error." 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. Van de Rydt repeatedly asked Chatman to date him. Chatman later dismissed the MCAD Charge and filed a civil action in state court pursuant to Mass. Waiting. Dist., 121 F.3d 446, 1997 WL 467573 (8th Cir. at 1064. 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. Kimberly's attorney filed a malpractice lawsuit against Dr. Collins, alleging he was negligent in performing the operation. Off. They are professional, understanding and reasonably priced. Each time I went I a new face, go to a different place. Lately customer service is getting worst. Gentle Dental has received more Boston Magazine Top Dentist distinctions than any other dental practice in New England. Joke!! An example of data being processed may be a unique identifier stored in a cookie. Deductible. Hats off to Dr. Amin, Dr. Colon and Sheela. They have high turnover of so called dentists. I'm done with Dental plans! Our founding dentists believed that taking care of your health should fit your busy schedule. In that part of the charge, she *236 only identified Gentle Communications and the two Gentle Dental centers. 562, 571 (D.R.I.1996) (Lagueux, J.) is [protected]. Why make an appointment and have him not even there to get my sons mouth fixed. 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. Gen. L. c. 151B 9. We are open late and on weekends so you can get the care you need. They didn't bother to call. 61, 62 (D.Mass.1997) (Young, J.) They will refer you to a real dentist. $700. Luckily I always get a 2nd opinion and fortunately it saved me 10 grand! If the dentist or oral surgeon failed to provide the proper medications for recovery, they were liable for covering the hospital visit. Complaint 17, 42, 59, 63, 67. Old manager says she wants to help me. This complaint was posted by a verified customer. Thats why they built dental practices in convenient locations with convenient hours. So I had NO choice but to agree to the replacement for another 550.00$! 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. Please forward this message to the correct department and please let me know what my next step is as to get my kiddo into an appointment as he was supposed to today.