In ruling on a motion for summary judgment in Sobotka v. Westfield Savings Bank, 1994 WL 879775 (Mass.Super. Gen. L. c. 151B 9; Katz v. MCAD, 365 Mass. Gentle Dental is supported by InterDent Service Corporation. Other circuits have spoken more definitively on the question of what constitutes appropriate identification of a party in an administrative charge of discrimination. (same); Ruffino, 908 F. Supp. 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. Bhairavi. They continue to change my son's band colors and do no other care. Meritor Savings Bank v. Vinson,477 U.S. 57, 64-65, 106 S. Ct. 2399, 2404-05, 91 L. Ed. Waiting. 42 U.S.C. I look forward to hearing from you in a timely manner! Ruffino, 908 F. Supp. Stay away from Gentle Dental Clinics. $700. Of. You cant knowingly overcharge a patient and hang onto the payment on the off chance insurance doesnt pay what you hope to receive. Call or text Advantage Insurance Solutions at (877) 658-2472 today! Call from a manager and complete review of my account and refund check sent to me. 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. 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. (no individual liability under Title VII); Quiron v. L.N. Do you agree to download this file? If your patient feels they were a victim of dental malpractice, its important for you to know what they will need for the lawsuit. 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. 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. 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. Birkbeck, 30 F.3d at 510, n. 1; see also White v. CMA Construction Co., Inc.,947 F. Supp. . I was a new patient. There may be more specific results for "gentle-dental" . 02130 Immediately. Of the eleven circuits that have addressed the question, ten have rejected the imposition of individual liability under Title VII. I arrived there on June 17th at 11:00 am CST for my first appointment. Desired outcome: To. 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. Foul. When I got there the dentist advised me it was only the night guard. I wasnt owed $60.90; I was owed $98.90. Joke!! My wife called me on my cell phone number while I was looking for the number in the phone book--again. Why make an appointment and have him not even there to get my sons mouth fixed. New patients receive an exam, all necessary x-rays, a cleaning, and a personalized treatment plan for $57. I have spoken with Dr. Zeigler (the CEO) and he promised to work with me and now I can't contact him. And it still left me with $195 to pay for the other half of the cleaning. In her brief in opposition to the present motion and in papers accompanying the brief Chatman alleges facts concerning the notice to and participation of the individual defendants in the proceedings before the MCAD. They took impressions 3 times (which was not necessary). Do you have dental insurance?If not, click below to compare dental malpractice insurance.Get A Quote. 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 Neither the Massachusetts Supreme Judicial Court nor any Massachusetts appellate court, however, has laid out the precise contours of the kind of identification of the alleged wrongdoer that must be made in a charge filed with the MCAD in order to preserve a later civil action against that person in court. The motion to dismiss the Title VII claim in Count IV is GRANTED as to the individual defendants. The dentist are the worst of the worst. We believe that quality dental care should work with your busy schedule. They never told her that UHC does not cover anything to do with dentures. Old manager says she wants to help me. A. In substance, the exclusivity provision of the Act provides that the Act shall be the exclusive remedy for personal injuries arising out of employment, unless at the time of forming the employment contract, the employee reserved his or her right of action for such injuries. My favorite asked me to acknowledge that holding my mouth open for a prolonged period of time could make my jaw ache. 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. Are there any ethical dentists practicing anymore? 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. Crown. Out. Each time I went there they just had hygienists give me a cleaning. I called my insurance company and they stated that Gentle Dental has submitted a new claim with services I did not get. After xrays and exam the Dentist said she didn't have enough bone-after finally realizing that a popcorn kernel wasn't part of her bone-and offered to do a "soft reline"-with "no promises made." She always makes sure Im comfortable, explains the procedure, and makes sure I dont have any questions about the treatment plan. Gentle Dental dentists provide award-winning care. Deadbeat company. All three, along with the rest of the staff, were very professional and pleasant to work with. Their dental record will have to contain the history of their care, the procedures youve performed, future treatment plans, and necessary communication between the dentist and patient. 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. 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. In addition to the products weve personally tested, weve received recommendations from many of our readers. For non-digital locations: Your first visit will typically full-mouth x-rays. [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. Crooks, crooks, crooks And dr. Fergunson lies What a terrible practice! In addition, Title VII's equitable damages provision permits a court to order the "reinstatement or hiring of employees." 1105, 682 N.E.2d 1362 (1997). Service. 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. [11] 42 U.S.C. at *3. 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. 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. Times. This crown was never on my treatment plan, by the way, and I never heard about it before. 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. 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. Still. After she had difficulty finding the place I wanted to get the X-rays from, she gave them back to me to find them. (recognizing individual liability of supervisory and apparently of non-supervisory employees, as well, under Title VII). The MCAD's decision indicates that the commission concluded that the actions of the individual defendants were not based on the plaintiff's race or color." Quality Dental Care is Right Around My experience was terrific! The up selling. I was told Id have a credit. Will. Tomka, 66 F.3d at 1314, (citing Miller, 991 F.2d at 587). : . Finally Tabbitha Pollard emerged and told me . Since she had already paid for it before being seen, she agreed. A. The doctors at this practice are OK, however, the billing department is not gentle at all. Refund. And I. Once again, Brettany Tinsley took the phone book from the counter and made the call herself. 1-800-673-1889. . Like really?? FRAUD AND ELDER ABUSE ALERT I would have to dig them out of my 10 ft by 20 ft storage locker and needed time. Gentle Dental on Rte 1 South /Newbury Street in Saugus MA should be closed down. [9] The Eleventh Circuit, for example, considers the following factors important: (1) the similarity of interest between the named party and the unnamed party; (2) whether the plaintiff could have ascertained the identity of the unnamed party at the time the EEOC charge was filed; (3) whether the unnamed parties received adequate notice of the charges; (4) whether the unnamed parties had an adequate opportunity to participate in the reconciliation process; and (5) whether the unnamed party actually was prejudiced by being excluded from the EEOC proceedings. ), cert. Been waiting before the pandemic. 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. In a case that requires construction of a federal statute, the first question a court must ask is whether the statute's meaning is plainly stated in its words. 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 front tooth crown was destroyed during the root canal and I was told that I would need a new crown. The Department of Justice won multimillion-dollar settlements against two other dental chains, alleging they had defrauded Medicaid by performing unnecessary root canals on children. 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. See also Ruffino v. State Street Bank and Trust Co.,908 F. Supp. 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. Now I have refused to go back as they billed my credit card and got paid $1, 800.00 more dollars. Get buying tips about Dentures and Dental Implant Solutions delivered to your inbox. Id. No dentist was there. Called 6/7/16 for appointment and they stated no decor received. Call from a manager and complete review of my account and refund check sent to me. The jury agreed, awarding Kimberly $14.8 million, which included $10 million for her pain and suffering, and "past and future loss of enjoyment of life.". They cleaned my teeth. They did x-rays and determined then that he would need a cap on one of his back teeth. St. Jamaica. They did not crown but created a mold with filling material. 3 years going there for 1 implant that went wrong. 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. I normally am very careful about my budget and have good credit because I pay my bills. I am telling everyone to request an appointment at Gentle Dental Nashua! Do yourself a favor and look for another dental business to deal with. Average of 1 Customer Reviews. Im intimately familiar with insurance billing practices and collections. at 1047 (inclusion of "agents" not mere "verbal surplusage"). This will surely increase the credibility of your complaint. cert. Featured review. It is in that context then that the court will consider the claims against the individual defendants. Office b. Doe v. Purity Supreme, 422 Mass. 1. DONATE NOW! The complaint has been investigated and resolved to the customers satisfaction. 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! Did they think I would not hear or be able to read their lips? Gen. L. c. 152 24, or by the exclusivity provision of Chapter 151B, Mass. The office stated it was lunch so everyone was gone. Co., 423 Mass. First, because the claims against the individual defendants in August were voluntarily dismissed by the plaintiff, the *235 statement by the First Circuit is merely dicta. Speaking with various formulations, these courts have, in effect, held that the failure to name a party as a respondent in an administrative charge of discrimination is not fatal to a later lawsuit against that party, so long as the charge was sufficient to give the party notice and the party had an opportunity to conciliate the charge at the administrative level. Id. Id. 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. 2000e-10. Manager. extremely rude! Wanted to like this place but it's just been bad experience after bad experience. 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. An. It was NOT perio. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. When I complained, Blue Cross was satisfied with "Oops billing error." Now I find I owe $626.46 which I did not budget for. 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. About Gentle Dental Schedule an appointment Life is full of momentsplanned and unplanned-and we're here for all of them. I've left bad reviews almost everywhere I can. Our friendly dentists, caring hygienists and helpful staff are here for your whole family. Actions, Not checking if they accept your insurance before the treatment. Please I am disabled and on S.S. 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. They have high turnover of so called dentists. 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. Ineptness. I agree with you. I asked if they could at least get me bottom false teeth for my daughters wedding on July 30th, 2017. Going to the dentist should fit your schedule, not the other way around. The Seventh Circuit holds a similar view. I have excellent oral hygiene. It would not surprise me at all. 1993). This is an excellent dental practice with flexible scheduling and friendly staff. 2000e-5(g) (1). 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 It was miserable and required 2 appointments, not because of my teeth but because thats what insurance allegedly requires (my insurance denies this). 2d 372 (1994) (holding that individuals cannot be held liable for damages under Title VII); Haynes v. Williams, 88 F.3d 898, 901 (10th Cir.1996) (reaffirming Sauers v. Salt Lake County, 1 F.3d 1122 (10th Cir.1993), court holds that Title VII "liability is appropriately borne by employers, not individual supervisors"); Smith v. Lomax, 45 F.3d 402, 403-404, n. 4 (11th Cir.1995) (no individual liability under Title VII); Gary v. Long, 59 F.3d 1391, 1399 (D.C.Cir.) Gen. L. c. 152, 24. . Protect your practice!Our expert dental malpractice tail coverage comes with an experienced team on your side.Get a quote now! Compare, e.g., Danio v. Emerson College,963 F. Supp. 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. Dental malpractice is when the care received from a dentist, oral surgeon, or any other dental health provider was below the acceptable standard. I mean you can't imagine a talented dentist would work at the McDonald's of dentists. Gentle Dental has received more Boston Magazine Top Dentist distinctions than any other dental practice in New England. If the words are a clear expression of congressional intent, the inquiry need go no further. 2d 321 (1981), are to be considered in determining whether a party is appropriately identified in an administrative charge). I was a happy customer of Gentle Dental. I need atleast my x ray charges waived. [protected], Desired outcome: Brilliant. Gentle Dental 33 complaints 9 resolved 24 unresolved File a complaint to Gentle Dental Gentle Dental contacts (added by reviewer) Phone number +1 610 616 3593 Address 2015 West Hamilton Street, Suite 202, Pennsylvania United States Website www.gentledentalallentown.com Category Dental Services View full information Most discussed complaints Refuse to do refunds on lousy work, Gentle Dental - Gentle Dental is the worst, Gentle Dental - Unethical billing practices, Gentle Dental - We have just experienced one of the scariest experiences in my life, Gentle Dental - This is the worst dental office ever, Gentle Dental - Not checking if they accept your insurance before the treatment, Gentle Dental - painful root canal after several months.
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