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). Is this your company? I noticed the front deskloud voice, which gave the impression On 9/24/22 I submitted an email to [protected]@gentle1.com asking them to check the insurance billing codes. Continue with Recommended Cookies. Gentle dental refunded me only 1,800 dollars.. 1019, 1048 (D.Mass.1995) (holding that individual liability exists under c. 151B). Verified customer. 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. Real. See 42 U.S.C. The judge held that her claims were barred by the Act's exclusivity provision. In reversing the trial court, the SJC held that these claims were not barred, stating that "[w]here a fellow employee commits an intentional tort not related to the interests of the employer the policies behind the [Act] would not be served by immunizing the coemployee. A. Just has my last implant visit and can now smile again! That an office thats great for the kids can also be great for the grownups. As of January 1, 2020 the. 9. GENTLE DENTAL KANSAS - 22 Reviews - Yelp In four years of going to his office he never once looked in my mouth. There's more, but let me tell you: beware of this outfit. My. In so doing, she made allegations about the conduct of Van de Rydt, Bornfriend and Toltz that are similar to the allegations she makes in the complaint now before the court. The Second Circuit offered an alternative interpretation of the agent clause in Title VII. The complaint alleges that Chatman suffered emotional distress and developed physical illness from the stress she faced at work. 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. 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. Pilot Life Ins. 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. Complaint 5, 6. We went into the office and was told the dentist wasn't even in the office today who did the procedure and wanted to do more x-rays and just a cleaning. 2d 493 (1995) (individual supervisors not personally liable under Title VII). They didn't bother to call. Adults and children have died as a result of anesthesia complications. ans basic stupidity Clevelland ward 37 chestnut ave jamaica plain, ma. Are there any ethical dentists practicing anymore? : . Stay away from Gentle Dental Clinics. [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. More legal. Ineptness. Centre. This gimmick if you have have dental insurance it's one rate and the price changes when you do! Dr. Alikpala and her team are fantastic. Our scheduling coordinator will connect with you to confirm the appointment. 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." What? Thank you. Find more than 6,033 complaints| Ripoff Report. Read full review of Gentle Dental and 1 comment. I have been a patient at this office for 10+ years and would recommend Gentle Dental Wakefield to anyone for their next dentist appointment! They showed (unsurprisingly) an amount due from insurance that was about $100 over what insurance was going to pay them. Our extensive network of neighborhood practitioners makes finding specialists easy. Dental Malpractice Lawsuits, Settlements & Compensation - Enjuris Featured review. Date of incident: 10/14/2022 . When I contacted them, the SAME woman, said it must have been someone else that I talked to.. Nope, same woman. She told me that I could call and get the X-rays, but she said right then and there that I would not get them for at least 2-3 days. Unsubscribe easily. Chatman's physician advised her that her physical illness stemmed from the sexual harassment she faced at work, and that she should see a psychotherapist. 2d 1031 (1997) (holding that Congress did not intend to hold individual employees liable under Title VII); Grant v. Lone Star Co., 21 F.3d 649, 653 (5th Cir.1994) cert. We and our partners use cookies to Store and/or access information on a device. Weird. On November 23, 1993, her physician sent a letter to Gentle Communications, advising that Chatman was suffering from the environmental stresses at work. Now almost three years later all I have for my money is my temporary plates. Get Directions. 518, 521 (D.N.H.1994) (finding defendant sufficiently identified in administrative complaint when named in particulars). I wasnt owed $60.90; I was owed $98.90. Prices are quite reasonable as well. In apparent recognition of this, the individual defendants do not claim, as they do with respect to Title VII (discussed in section V.C of this opinion), that there is no individual liability under Chapter 151B. 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. : , . I mean you can't imagine a talented dentist would work at the McDonald's of dentists. "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." In four years of going to his office he never once looked in my mouth. It would be nice they will inform you right away but the fact that they cannot even call you back to let you know. Get the straight teeth youve always wanted. Mr. Susan. Work on. Kiely, 105 F.3d at 735. When left untreated, periodontal disease can cause teeth to loosen and fall out, heart attack, stroke, or other cardiovascular issues. Even the company that sells it gives a 30 day money back guarantee. My. 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 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. 02130 Immediately. The court reasoned that there was no individual liability under the ADEA for "personnel decisions of a plainly delegable nature." In order for your patient to win a dental malpractice lawsuit, they must have proof of the injury caused to them as well. Digital x-rays not only provide a better quality image for examination but are more comfortable for you and provide very low radiation exposure. Of the life-threatening cases, several were a result of brain abscesses. I am having the same problem with the Mesa office. We value your privacy. I. 2000e-5(g) (1) provides, in relevant part, "If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without backpay ". I needed a cleaning and reluctantly agreed to the deep clean. I asked for refund from gentle dental. Gentle Dental Waltham has every dental service you may need under one roof. [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. They never told her that UHC does not cover anything to do with dentures. The jury returned verdicts in favor of the plaintiff on these claims, but the trial judge granted judgment notwithstanding the verdict. In deciding the issue preclusion question, the court thus considered, not just the explicit naming of a party as a respondent in the charge form filed with the MCAD, but the charge as a whole and whether the defendants had been afforded an opportunity to litigate fully and fairly the discrimination claims against them. We know your patients are an integral part of your dental practice.Download this OSHA compliant checklist for infection control. "); Anzalone, 526 N.E.2d at 249; Tennaro v. Ryder System Inc.,832 F. Supp. So, last week one of the remaining teeth broke off, on Thursday, and put me in a ton of pain. Deadbeat company. 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. . Send me any. This week, the lawsuit was settled for . Manager no longer works there. 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. We also explain dental malpractice, the most common dental lawsuit, and how to protect your dental practice. Paroline v. Unisys Corp., 879 F.2d 100, 104, (4th Cir.1989), modified on other grounds, 900 F.2d 27 (4th Cir.1990). If she had told me before I had come in, I could have brought them with me, as I had them, but she made no mention of that. In November 2019, the ADA filed a class action lawsuit against the Delta Dental Plans and the Delta Dental Plans Association. 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. In total I was owed $191.90. (citing Sosa v. Hiraoka, 920 F.2d 1451, 1458 (9th Cir.1990)). Patients can die from surgery if they experience malignant hyperthermia, which is a high fever that results from the anesthesia. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. They cleaned my teeth. 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. See Hernandez, 938 F. Supp. Compare, e.g., Danio v. Emerson College,963 F. Supp. at 572; Ruffino, 908 F. Supp. I need to make a complaint against Gentle Dental and Dr. Rodriguez and Dr. Poidmore. . Gen. L. c. 151B 5. I am totally frustrated with their bad communication and horrible service. I had high hopes for this practice after moving to Phoenix last year. Top 1,004 Aspen Dental Reviews - ConsumerAffairs Or. 657, 679 N.E.2d 252, 258 (1997) review denied, 425 Mass. Gentle Dental in Carlsbad charged me and my insurance company to extract two teeth that were removed ten years ago! My daughter's appointment was supposed to last an hour, so we wait for her in the car and at the nearby Fred Meyer. 1441 and 1446 and filed a motion to dismiss all of the counts, Chatman voluntarily dismissed five of the original counts. Gentle Dental | Affordable, Quality Dentistry for the Whole Family Gentle Dental is supported by InterDent Service Corporation. I had a top and bottom partial set made at the end of last year that then cost approx $3, 600.00. So, I told her to have a plan in order and call me by noon, today with it. Thank you Gentle Dental Jamaica Plain! Bhairavi Hemani 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. Des Plaines dentist loses barbed tool during root canal; it is later Be very careful to avoid these. Thanks. My. New patients receive an exam, all necessary x-rays, a cleaning, and a personalized treatment plan for $57. 3 years of going back and forth- being sent to other. I left the clinic -fed up with them-, having so many different dentist working on the 1 implant. 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. The motion to dismiss the Chapter 151B claims, made in counts I and IV against these defendants is also GRANTED, but with leave given Chatman to amend those counts to correct the deficiencies that, in the present complaint, have resulted in dismissal. [protected], Desired outcome: Since she had already paid for it before being seen, she agreed. 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 was told the manager would call the Dr., get it OK'd and call me back Nope. [protected]@gmail.com. A: We have our own in-house discount dental plan called the Gentle Dental Smile Plan. I said I wanted a refund but was told Id have to wait for insurance to pay the claim and then see if I owed anything. Thats illegal. 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! 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."). Average of 1 Customer Reviews. A. Location & Hours 13100 W 87th Lenexa, KS 66215 Get directions Edit business info Amenities and More Accepts Credit Cards No Wi-Fi Ask the Community Ask a question Q: I do not have dental insurance. Immaculate office. I told her she is lucky I don't come into the office and absolutely humiliate her, in front of clients. Deductible. I was contacted in August 2015 to come in because my permanent uppers were ready. On. I requested they allow him to go to Portland, OR so the orthodontist could at least move his treatment forward. Crooks. Beware of the up sell. 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. I asked if they could at least get me bottom false teeth for my daughters wedding on July 30th, 2017. 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." 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 . Me. Life, these days, requires being extra safe. 1-800-673-1889. The claims asserted in those counts with respect to Gentle Communications, however, remain viable. However, I have had multiple issues recently. They don't want you as a client anymore. Gen. L. c. 151B 9. On January 13, 2021 and had my teeth extractions and dentures put on. 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. David Burger This unwanted physical contact included rubbing or leaning against her body, touching her cheeks or knees, and rubbing her shoulders. Bad. Gentle Dental - Fraud alert - ComplaintsBoard.com Do you agree to download this file? Corp. office. You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. Therefore, the court has taken it into account in connection with its consideration of the present Rule 12(b) (6) motion. I received my EOB from my insurance a week before my second half cleaning appointment, which I was already dreading anyway. If the practice accepts a policy they agree to accept the amount the policy pays as well as the patients responsibility as payment in full. I was a happy customer of Gentle Dental. 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?" Still. Sign up for our free summaries and get the latest delivered directly to you. I felt like Id left a cruise ship spa with a menu of products I dont need but they need to sell. The complications with crown and bridge treatments mostly consist of open margins, overhanging restorations, or poor occlusion. She copped an attitude and refuses to provide me a refund. After they refused to bill insurance first before billing me, the camels back broke and I left, never to return. A. The court did not rely on the charge itself for evidence that the comptroller had had notice of the charge, but pointed to correspondence of the comptroller to the MCAD, in which the comptroller denied the charge, as evidence not only that he had had notice of the charge, but that he had participated in the conciliation process. In December, 1993, Chatman filed a charge of discrimination (the "MCAD Charge") with the Massachusetts Commission Against Discrimination ("MCAD"). See, e.g., Estate of Cowart v. Nicklos Drilling Co.,505 U.S. 469, 475, 112 S. Ct. 2589, 2594, 120 L. Ed. Gentle Dental ~ Palm Springs Whether you're new to town, need to restart your dental care, or are looking for a more convenient dentist, our New Patient Offer is a great introduction to our practice. The way that they get money out of people is just wrong. [10] Sexual harassment can be a form of sex discrimination actionable under Title VII. I said, "Well, I still want to talk with him." This dental office overcharged me at every opportunity. To my surprise they were able to install my permanent crown even though the appointment for that procedure was scheduled a week later. Bad news! Times. 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. When I got there the dentist advised me it was only the night guard. Gentle Dental Review: Unethical behavior - ComplaintsBoard.com Plain. 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. 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. Dr. Mancini I n will. It's been three days and not a word. 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. Relying on the Supreme Court's decision in Meritor Savings Bank v. Vinson,477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. Its location on this page may change next time you visit. Is that called help. 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. ? Not only had I been overcharged for the filling, I was charged $88 over the agreed price for the crown itself. No one has ever contacted me prior to this call. I guess so . Jill, the hygienist was very thorough and quick. 2d 39 (1987) (quotations omitted). 5 months later I get a call from the corporate office stating I had a $1000.00 late bill and was going to collections. Van de Rydt finally threatened that if Chatman continued to refuse his advances she would lose her job. Scheduled an appointment for him ..which ended up being today a couple months later. . Best dental care around! They said everything is transferred to the other office BEFORE this appointment and is Why we had today scheduled. 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. This statement, however, does not dispose of the issue now before the court. For example, provisions in Title VII impose on the employer the duty to keep certain employment records, 42 U.S.C. 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. 3 years.. On my second round of treatment, I was forced to undergo deep cleaning, which I understand is a moneymaker for the chain as it has minimal insurance coverage. My prior dentist was actually a fraud. Then, because they had stalled around, one of the remaining teeth became infected, and needed to be pulled, and to get antibiotics. 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. 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." 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. Ma. This is incorrect. at 2408). [2] Chatman originally filed an eleven-count complaint in a Massachusetts state court (the "complaint"). $700. , 1-800-673-1889. Actions, Gentle dental waltham MA. Aspen Dental is a group of independently owned and operated dental practices with over 500 locations in 33 states. Refuse to do refunds on lousy work. . Pocket. A dissatisfied customer, FRAUD AND ELDER ABUSE ALERT No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Id never had a cavity in my life, in 45 years but broke a tooth and needed an emergency root canal and left with an estimate for over $4,000 out of pocket (and I have very good insurance coverage, 60/40), including a $410 deep cleaning, two root canals with crowns and 16 fillings (thats right, 16, that I magically developed since my military deployment exam 7 months earlier, when I had 0), most of which were described as 3 surface so extra expensive. [12] In most situations, only the employer entity, and not the individual employee/agent, can offer this remedy. Call us to confirm coverage. 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. "Best dentist Ive had. 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. New dentist charged me slight over 5 grand to correct the problem. A truly wonderful team of talented people! [8] These defendants assert *233 that they were not named as respondents in the MCAD Charge. Crooks, crooks, crooks And dr. Fergunson lies What a terrible practice! Our friendly dentists, caring hygienists and helpful staff are here for your whole family. Periodontal disease is an infection of the bone and tissues of the mouth. It was NOT perio. They stated I was to return after records received. That an office that's great for the kids can also be great for the grownups. We're proud to always welcome patients into our practices. Co., 423 Mass. Best Dentures and Dental Implant Solutions | ConsumerAffairs No dentist was there. Im not ignorant; Im a government attorney and represented a major federal hospital. An employee shall be held to have waived his right of action at common law or under the law of any other jurisdiction in respect to an injury that is compensable under this chapter, to recover damages for personal injuries, if he shall not have given his employer, at the time of his contract of hire, written notice that he claimed such right [15] In O'Connell, the plaintiff brought actions for assault, battery and intentional infliction of emotional distress against a co-employee arising out of alleged sexual harassment. Thank you Griffin v. Oceanic Contractors, Inc.,458 U.S. 564, 571, 102 S. Ct. 3245, 3250, 73 L. Ed. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. at 1047-48. 2000e-8(c) provides, in relevant part. didn't bother to inform me in advance that I would need X-rays. Gentle Dental Medford 23 Riverside Ave. Medford, MA 02155 (617) 430-6840 Get Directions Dental Office Hours Monday 8:00 am - 7:00 pm Tuesday 8:00 am - 7:00 pm Wednesday 8:00 am - 5:00 pm Thursday 8:00 am - 7:00 pm Friday 8:00 am - 5:00 pm Saturday 8:00 am - 2:00 pm One Saturday a Month Sunday Closed More Information Street parking available. Gentle Dental dentists provide award-winning care. . She retorted rudely, "He's working on his lunch break. I spoke with the dentist we were supposed to see . Id. Gentle Dental | Complaints | Better Business Bureau Profile I called and scheduled an appointment for 3.15.22 at 3 pm. That said, we want to make sure it is clear that if you use our links to purchase something, we will receive a small compensation from it. 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). I made an appointment with Gentle Dental about 3 weeks in advance and then 2 days before the appointment they phone me up to state they no longer carried my insurance, I will never use them again, they have no idea how to run a business. As a result, they succumbed to the infection. Mouth. Ruffino, 908 F. Supp. I have spoken with Dr. Zeigler (the CEO) and he promised to work with me and now I can't contact him. Ma 02130, Return my. 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. Ive been Long story shortunless you have OHP or other state funded health care they won't even pull your tooth. 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. Finally. Brettany then told me repeatedly that she would be happy to help me find another dentist if I wanted. On some Mondays he would ask Chatman if she had had sex over the weekend. Waiting. Directly. 612. Very patient last. The front tooth crown was destroyed during the root canal and I was told that I would need a new crown. I need someone help. Each time I went there they just had hygienists give me a cleaning. 2000e-3 ("Title VII"); assault; battery; intentional infliction of emotional distress; and defamation. 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. And the filling? Today he was to go in and have this tooth capped and takin care of. Inspite of it not being our fault we paid. Not So Gentle, With over charging there costumers. denied, ___ U.S. ___, 117 S. Ct. 2532, 138 L. Ed. She was extremely rude and unprofessional. 630(b), did not impose individual liability on an employee who had responsibility for the layoff of the plaintiff.