In addition to the products weve personally tested, weve received recommendations from many of our readers. From start to finish, I was treated well and the procedures were completed in a timely manner. It would be nice they will inform you right away but the fact that they cannot even call you back to let you know. 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. Such intentional torts are not an accepted risk of doing business". Not So Gentle, With over charging there costumers. Plain. The way that they get money out of people is just wrong. I started on a plan to get an upper plate, and a partial lower, in Feb. 2022. I went to the location in Pompano beach Fl down the street from the pompano fashion square this is total fraud. 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. The First Circuit, however, has not decided directly the nature of the identification of a party that must be made in an administrative charge of discrimination so that that party may be properly held to answer in an ensuing civil action for discrimination (adverting to, without deciding, whether factors set forth in Glus v. G.C. The amended complaint must be filed within ten days of the date of this opinion. My bill, with insurance coverage according to their billing department was over $1300. Will. 2000e-10 provides, in relevant part. 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. Get Directions. 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. Directly. She takes the time to show you pictures of your teeth and why she recommends a certain procedure. Bad news! Were here when you need us. Steer Clear of Gentle Dental. 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. Plain. [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. That was (according to them) and overcharge of $60.90. Co., 115 F.3d 400, 405 (6th Cir.1997) (individual employee/supervisor who is not otherwise an employer cannot be held personally liable under Title VII); Williams v. Banning, 72 F.3d 552, 555 (7th Cir.1995) (no individual liability under Title VII); Bonomolo-Hagen v. Clay Central-Everly Community Sch. Not just a great dentist but a great person. 2,000 photos. And, When you complain. [8] These defendants assert *233 that they were not named as respondents in the MCAD Charge. 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 Before we publish a review, we utilize and evaluate the products we recommend. 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. I am a 70 year old man living in a transit housing for Veterans. 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. Eggleston v. Chicago Journeymen Plumbers' Union No. I came inside and waited in the lobby. When I contacted them, the SAME woman, said it must have been someone else that I talked to.. Nope, same woman. 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. Paid. 1-800-673-1889. Rather, they say, Chatman only identified "Gentle Communications" and "Gentle Dental centers" in that section of the charge form requiring that she name the parties who are alleged to have discriminated against her. With the price of gas this was a serious waste of my time and money. 2000e-8(c) provides, in relevant part. I just wanted to get my teeth cleaned! 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. Atrocious behavior on fixing past problems. I was not told this until I was walking to the dental chair where the root canal was done! Went to office to discuss and they gave me the papers I requested but could not do anything about a refund. 1993) cert. 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. Bhairavi Hemani Did she think I was a ###? No one called back. 2d 134 (1982). I'm having billing issues as well. Lattimore v. Polaroid Corp., 99 F.3d 456, 464 (1st Cir. 3 years going there for 1 implant that went wrong. 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. Actions, Gentle dental waltham MA. The bottom line: I would not recommend trusting your teeth or your finances to this company, as they might mess up both. The jury returned verdicts in favor of the plaintiff on these claims, but the trial judge granted judgment notwithstanding the verdict. 119, 526 N.E.2d 246, 249 (1988). Quality Dental Care is Right Around The dentist are the worst of the worst. Doe v. Purity Supreme, 422 Mass. St. Jamaica. I had a terrible experience with the root canal I received in May 2017. $700. You lost a lot of business! Relying on the Supreme Court's decision in Meritor Savings Bank v. Vinson,477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. District courts within the Circuit have taken contrary positions on the question. 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. I need someone help. I am telling everyone to request an appointment at Gentle Dental Nashua! What type of company stays in business treating people like that? 156, 508 N.E.2d 587, 591 (1987). Malpractice lawsuits are huge! denied, 455 U.S. 1017, 102 S. Ct. 1710, 72 L. Ed. I have spoken with Dr. Zeigler (the CEO) and he promised to work with me and now I can't contact him. (supervisors may be personally liable as "agents" of an "employer" under title VII); Iacampo v. Hasbro, Inc., et al., *237929 F. Supp. Of the eleven circuits that have addressed the question, ten have rejected the imposition of individual liability under Title VII. The doctors at this practice are OK, however, the billing department is not gentle at all. . They are professional, understanding and reasonably priced. Get buying tips about Dentures and Dental Implant Solutions delivered to your inbox. An. 1981), cert. 1997) (supervisors may not be held individually liable under Title VII); Miller v. Maxwell's Int'l. (no individual liability under Title VII), with Lamirande v. Resolution Trust Corp.,834 F. Supp. 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. Debbie didn't care and I told her I would sue . 12(b) (6). In total I was owed $191.90. 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. Our content is intended to be used for general information purposes only. The entire discussion, confined to a footnote, was: 981 F.2d at 578 n. 2. Bad dental work.. Now I find I owe $626.46 which I did not budget for. College-Town, Div. I was a happy customer of Gentle Dental. 2000e-5(g) (1). Stop hiding your smile. 1441 and 1446 and filed a motion to dismiss all of the counts, Chatman voluntarily dismissed five of the original counts. Enjoy reading our tips and recommendations. This comment was posted by a verified customer. Return my. Gen. L. c. 152, 24. And that a dental emergency might be a root canal, but it might also be a bright smile for a special occasion. 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. Veteran. I agree with you. Id. Their next level billing department admitted to me that they overbill this way to collect so patients dont refuse to pay post procedure. 1-800-673-1889. 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."). Kimberly's attorney filed a malpractice lawsuit against Dr. Collins, alleging he was negligent in performing the operation. "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." Brettany then told me repeatedly that she would be happy to help me find another dentist if I wanted. [14] The Act bars claims not only against the insured employer, but also claims against co-employees acting within the scope of their employment. I was seeing this office for years. Your first visit will typically include full-mouth digital x-rays. It is in that context then that the court will consider the claims against the individual defendants. That be 100 miles round trip. [14] M.G.L.c. Find more than 6,033 complaints| Ripoff Report. Been waiting before the pandemic. Why weren't the x-rays shared from his dentist office? ATENCIN: si habla espaol, tiene a su disposicin servicios gratuitos de asistencia lingstica. Luckily I always get a 2nd opinion and fortunately it saved me 10 grand! It would not surprise me at all. That an office thats great for the kids can also be great for the grownups. Receptionist answered and put me on hold twice and said she couldn't reschedule my appointment. They never told her that UHC does not cover anything to do with dentures. How do I know I can trust these reviews about Gentle Dental? In ruling on a motion for summary judgment in Sobotka v. Westfield Savings Bank, 1994 WL 879775 (Mass.Super. We're proud to always welcome patients into our practices. Old manager says she wants to help me. A. This view holds that when the statute is read literally, the inclusion of the phrase "and any agent of such person" means that the employee/agent is a person, separate from the employer, who *238 may be liable individual for his own acts in violation of Title VII. 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. [11] If "employer" were read consistently throughout the statute to include supervisors as agents of the employer, it would lead to the problematic result that individual supervisors would also shoulder these burdens. 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. 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. Co. v. Dedeaux,481 U.S. 41, 51, 107 S. Ct. 1549, 1555, 95 L. Ed. Call or text Advantage Insurance Solutions at (877) 658-2472 today! While I was looking for the number she and another office manager, Tabbitha Pollard, rudely started whispering about me right in front of me. Do you agree to download this file? 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." An. I went there because of my previous experience with Dr. **. 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. I was refused my normal cleaning. and the wrong color of a replacement crown Gentle Dental - Simply awful Resolved Gentle Dental - billing and excessive charges View all Gentle Dental reviews & complaints Next review 14 comments Add a comment K A dissatisfied customer, 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). They try to sell you crap you dont need. They took impressions 3 times (which was not necessary). Really? 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. To make things clear, I am a retired dental hygienist. Their. Finally I called another location in Oklahoma and was able to get the phone number for a lady named Debbie. You cant knowingly overcharge a patient and hang onto the payment on the off chance insurance doesnt pay what you hope to receive. 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. To. DONATE NOW! (same); Ruffino, 908 F. Supp. at *2. Gen. L. c. 151B 9; Katz v. MCAD, 365 Mass. In this case, the language in 2000e(b) appears to be clear at first glance. at 2408). Chatman later dismissed the MCAD Charge and filed a civil action in state court pursuant to Mass. I was right there! She thus put the conduct of these defendants in issue in the Brunson sense. Prices are quite reasonable as well. Dentist Gentle Dental Complaints Complaints Gentle Dental Dentist View Business profile Customer Complaints Summary Business's Response Rate: 49% Why is this important? at 1047 (inclusion of "agents" not mere "verbal surplusage"). Service. Smith Co., Inc., 42 Mass.App.Ct. 2d 49 (1986); Morrison v. Carleton Woolen Mills, Inc., 108 F.3d 429, 436-37 (1st Cir.1997). Im extremely frustrated and confused as to why my 7 year old is being put through this wait. I was told by the Santa Rosa ca. I have gone several times to Dr. Rodriguez to get adjustments and I am still not able to eat or chew any food. 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. 1052, 1064 (D.P.R.1996) (Laffitte, J.) 61, 62 (D.Mass.1997) (Young, J.) 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. The MCAD Charge is a public record and is also referred to in the complaint. is [protected]. 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. Year after year our offices are named Choice Dental Office in their towns and regions by Readers Choice Awards. Good afternoon. I was a new patient. . 2000e(b) (emphasis added). I have to drive 100 miles round tripHow many more trips will that take to resolve the problem??? So, I called Saturday, and left a message about courtesy, and respect for clientele. They did not crown but created a mold with filling material. Gentle Dental on Rte 1 South /Newbury Street in Saugus MA should be closed down. Our dentists and specialists provide the highest level of care at each newly renovated, all-digital office. My. 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. 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. Copyright 2022 Consumers Unified LLC. 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. They didn't bother to call. CH : Nu bn ni Ting Vit, c cc dch v h tr ngn ng min ph dnh cho bn. I needed a root canal and crowns in addition to a cavity filling. Inc., 991 F.2d 583, 588 (9th Cir. We're no longer going to see you as a patient here. Brettany Tinsley, whom I am told was only recently transferred there . They tried to rip off my wife with more work fo5k plus more on top of what they said they would charge. Gentle Dental ~ Palm Springs The complaint alleges that Bornfriend displayed similar offensive conduct. Our specially trained pediatric dentists can meet the unique oral health needs of your children. Prior dental office was never faxed. Hope they go out of business honestly. Nor was Chatman notified of any corrective measures taken by Gentle Communications. If the dentist or oral surgeon failed to provide the proper medications for recovery, they were liable for covering the hospital visit. They did x-rays and determined then that he would need a cap on one of his back teeth. Start all over project.. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. I mean you can't imagine a talented dentist would work at the McDonald's of dentists. at 690-691, 511 N.E.2d 349. Brilliant. Vets a stay away! The motion to dismiss the Title VII claim in Count IV is GRANTED as to the individual defendants. For this total amount 5 teeth were pulled. Crooks, crooks, crooks And dr. Fergunson lies What a terrible practice! Violette Co. Inc.,897 F. Supp. [6] On a motion to dismiss for failure to state a claim, the court is ordinarily precluded under Fed.R.Civ.P. His incompetent staff has just screwed up and I believe I will be looking for another dentist. I arrived there on June 17th at 11:00 am CST for my first appointment. They will refer you to a real dentist. In addition, Title VII's equitable damages provision permits a court to order the "reinstatement or hiring of employees." 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. This will surely increase the credibility of your complaint. That. At Gentle Dental, were your dentists for life. We are in-network providers with most major dental insurance companies. FRAUD AND ELDER ABUSE ALERT However, the language is far from clear when read in conjunction with other provisions of Title VII. In addition, the Act not only covers claims for personal injuries stemming from negligence, but also claims for intentional torts committed in the course of the employment relationship. . She did a good job . He once tore open Chatman's blazer to see what she wore underneath. Please contact our office by phone or complete the appointment request form below. [10] The statute provides, in relevant part, that it is unlawful for an employer: An "employer" includes a "person engaged in an industry and any agent of such person." They have high turnover of so called dentists. Id. See Mass. *229 Pamela S. Freeman, Freeman & Freeman, Brookline, MA, for Plaintiff. On 2.15.22 I received a text message advising me that I have incomplete treatment and for me to call to schedule. 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. 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. I want my son to go to Gentle Dental Portland free of charge for a one time exams. 2d 600 (1994). Chatman alleges that she complained several times to the management of Gentle Communications about the conduct of the individual defendants and other dentists at Gentle Communications, but that management never investigated any such complaints. never treat your customers or even your worst enemy like thatNo! Healthy, confident smiles for life is our mission at Gentle Dental. Tumawag sa 1-800-673-1889. 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. He often commented on various of Chatman's physical features, including what he described as the fullness of her lips. The defendants have moved to dismiss the claims remaining in this case those identified in the introductory section of this opinion pursuant to Fed.R.Civ.P. 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). All Gentle Dental practices offer orthodontics for both adults and children including traditional braces and Invisalign clear aligners. ComplaintsBoard.com is a leading complaint resolution website on the Internet. Staff is exceptional and truly caring. Now almost three years later all I have for my money is my temporary plates. Pimentel. Work, spoke. The attorney began to investigate her claims by calling various employees and friends of Chatman. I am sorry, but I have to disagree with you. The Massachusetts Supreme Judicial Court's decision in Brunson v. Wall, 405 Mass. All submissions are the same experiences I have had with their practice. 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'). I want my son to go to Gentle Dental Portland free of charge for a one time exams. There seemed to be a lack of a plan for treating these issues on the dentists part.