Gen. L. c. 151B 5. Dr. Mancini I n will. I left and tried to contact Gentle Dental's corporate office, but no one answered. , 1-800-673-1889. Of. In four years of going to his office he never once looked in my mouth. [8] These defendants assert *233 that they were not named as respondents in the MCAD Charge. Gentle Dental | Complaints | Better Business Bureau Profile Out. ComplaintsBoard.com is a leading complaint resolution website on the Internet. Old manager says she wants to help me. The worst. Turning to remedial provisions of Title VII, the court noted that, before the enactment of the Civil Rights Act of 1991, 42 U.S.C. The front office lady said she will talk to her manager on Monday if can be waived off and will get back. To make things clear, I am a retired dental hygienist. 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. ATTENTION: If you speak English, language assistance services, free of charge, are available to you. Now I have refused to go back as they billed my credit card and got paid $1, 800.00 more dollars. Recalled Gental Dental and they stated they'll get to it when they can. found this review helpful. *229 Pamela S. Freeman, Freeman & Freeman, Brookline, MA, for Plaintiff. office that they could bleach it. They continue to change my son's band colors and do no other care. Perfect fit! Crown. November 05, 2021, Association alleges that Delta violated federal antitrust laws to restrict competition, reduce reimbursement amounts, the ADA filed a class action lawsuit against the Delta Dental Plans and the Delta Dental Plans Association, 5 tips for marketing your dental practice, Sweepstakes-winning dentist plans trip to Galapagos Islands, Court amends schedule in ADA's class action lawsuit against Delta Dental. Eggleston v. Chicago Journeymen Plumbers' Union No. Plain. 40 days later, we got the bill from UHC saying they declined to cover the $200.00 denture adhesive that they used. Steer Clear of Gentle Dental. 1-800-673-1889. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Manager. Before Pandemic, They. Desired outcome: You folks better read that. At any rate, both Brettany Tinslet and Tabbitha Pollard started going behind closed doors and making calls to various Gentle Dental offices. After they refused to bill insurance first before billing me, the camels back broke and I left, never to return. I would have to dig them out of my 10 ft by 20 ft storage locker and needed time. 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. And the filling? See Watterson, 987 F.2d at 3. Times. A lead apron is always provided for further protection. Your first visit will typically include full-mouth digital x-rays. I paid my portion in full after every visit and I expected to have a zero balance when I was finished with my dental work. The judge held that her claims were barred by the Act's exclusivity provision. Made my day. Gentle Dental ~ Palm Springs The office manager said she would get right back to me. 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. And I can see this is standard practice. Relying on the Supreme Court's decision in Meritor Savings Bank v. Vinson,477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. Weird. And now what? ComplaintsBoard.com is a leading complaint resolution website on the Internet. FAQ. Chatman specifically alleges that the individual defendants were acting within the scope of their employment when they committed the intentional torts at issue in this case. Gentle Dental: Reviews, Complaints, Customer Claims, Page 2 David Burger About, Over Charges Dentist In Medford, MA| Gentle Dental of New England 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. For. FRAUD AND ELDER ABUSE ALERT Ave. Jamaica. In four years of going to his office he never once looked in my mouth. Periodontal disease is an infection of the bone and tissues of the mouth. There may be more specific results for "gentle-dental" . 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. : , . 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. 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. 37. Its never too early to protect your smile. $700. Malpractice lawsuits are huge! So, they left me, in agony, over the weekend, for what? 2,000 photos. They will refer you to a real dentist. She snapped back, "Well, you can't. Gen. L. c. 151B 9. 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. I had a top and bottom partial set made at the end of last year that then cost approx $3, 600.00. Even the company that sells it gives a 30 day money back guarantee. Out. I called and scheduled an appointment for 3.15.22 at 3 pm. We believe that quality dental care should work with your busy schedule. Thats why they built dental practices in convenient locations with convenient hours. Of the eleven circuits that have addressed the question, ten have rejected the imposition of individual liability under Title VII. This comment was posted by a verified customer. A dissatisfied customer, Out of the five adverse drug reactions lawsuits, two of them resulted in death. I was a happy customer of Gentle Dental. I went from one office to another because my dentist's agental dental retired he was in the middle of doing new dentures for me My case was transferred to gentle dental on Mona Lisa drive-in . She MORE than deserved it. Top 1,004 Aspen Dental Reviews - ConsumerAffairs 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. He understands my anxiety. Top 420 Bright Now! Dental Reviews - ConsumerAffairs A. Because the deficiencies in counts I and IV as to the individual defendants may be curable, however, Chatman is given leave to amend the complaint. Foul. [2] Chatman originally filed an eleven-count complaint in a Massachusetts state court (the "complaint"). Pilot Life Ins. 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. Deductible. I normally am very careful about my budget and have good credit because I pay my bills. ? They. Taking care of your health should fit within your schedule. Andrews v. Arkwright Mut. Thus the claims above are those that remain before this court. Why make an appointment and have him not even there to get my sons mouth fixed. 5 months later I get a call from the corporate office stating I had a $1000.00 late bill and was going to collections. Complaint 7. (a) Every employer shall post and keep posted in conspicuous places upon its premises summaries of, the pertinent provisions of this title and information pertinent to the filing of a complaint. 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. Brettany Tinsley, whom I am told was only recently transferred there . Sign up to receive our free weekly newsletter. I told her she is lucky I don't come into the office and absolutely humiliate her, in front of clients. My. The uppers were paid for in 2014 and the lowers paid for in 2015. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. This statement, however, does not dispose of the issue now before the court. See Brunson, 541 N.E.2d at 341; Lattimore, 99 F.3d at 464; Sobotka, 1994 WL 879775, at *3. denied, 510 U.S. 1109, 114 S. Ct. 1049, 127 L. Ed. Stay away from Gentle Dental Clinics. 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. Immaculate office. Several weeks after the so-called resolution of my billing issue (in which I still overpaid completely unfairly), and me telling them I would never go to their clinic again, I got a call from Gentle Dental saying "can you come on Tuesday to start on your crown?" You'll Be Glad you did. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. . I only had two choices: I could either get X-rays there or get them from a previous place. Two weeks later, on December 1, 1993, Gentle Communications terminated her position, saying that she was an unsuitable employee. Wanted to like this place but it's just been bad experience after bad experience. In Brunson, the plaintiff filed a charge of racial discrimination with the *234 MCAD, naming only her employer as the party who discriminated against her. Date of incident: 10/14/2022 $700. extremely rude! "); United States v. Meyer, 808 F.2d 912, 915 (1st Cir.1987). Get free summaries of new District of Massachusetts US Federal District Court opinions delivered to your inbox! Solve. When I shared my concerns with my dentist, the team helped me find a cost-effective solution for Invisalignand whitening, too!. 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." cert. Section 2000e-2(a) of Title VII prohibits an employer from engaging in discrimination in the workplace. 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. Return. 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 Some of our partners may process your data as a part of their legitimate business interest without asking for consent. 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. 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?" I had great insurance and a great job then, and I wanted to get real work done. Jesus Christ! Protect your practice!Our expert dental malpractice tail coverage comes with an experienced team on your side.Get a quote now! Paid. Kimberly's attorney filed a malpractice lawsuit against Dr. Collins, alleging he was negligent in performing the operation. Very patient last. The court, however, may not consider those allegations in connection with the instant motion. 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. . Gen. L. *230 c. 151B ("Chapter 151B")[1]; unlawful employment retaliation proscribed by Chapter 151B and Title VII of the Civil Rights Act of 1964, 42 U.S.C. The complaint alleges that Chatman suffered emotional distress and developed physical illness from the stress she faced at work. This is an excellent dental practice with flexible scheduling and friendly staff. Our dentists and specialists provide the highest level of care at each newly renovated, all-digital office. Vets a stay away! I need someone help. The complaint alleges that Van de Rydt and Bornfriend also made unwelcome sexual advances to Chatman, made frequent comments on her sex life and engaged in unwanted physical contact with her. Not gentle. They talked me out of a full button bridge saying the teeth would do this and do that. A. Inept. I am losing a lot weight and I have not felt that they have cared about me or Battleground, WA gentle dental has not had a licensed orthodontist for two months. Unsubscribe at any time. 804 CMR 1.03(4), (a). I was told the manager would call the Dr., get it OK'd and call me back Nope. . [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." Be very careful to avoid these. 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. Brilliant. I have been a supporter and recommended the services to multiple friends. 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. 580, 631 N.E.2d 555, 556-559 (1994). Tomka v. Seiler Corp., 66 F.3d 1295, 1313 (2nd Cir.1995) (individual supervisors exercising control over plaintiff are not personally liable under Title VII); Sheridan v. E.I. The attorney began to investigate her claims by calling various employees and friends of Chatman. 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.) Gentle Dental is a multi-specialty group practice in New England with 38 convenient locations across Massachusetts and New Hampshire. Why weren't we informed the dentist wasn't in? Joke!! 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. 2d 491 (1994) (no individual liability unless individual defendant meets Title VII's definition of "employer"); Wathen v. General Elec. [6] On a motion to dismiss for failure to state a claim, the court is ordinarily precluded under Fed.R.Civ.P. I arrived there on June 17th at 11:00 am CST for my first appointment. I was awaiting appointment aftterrr a through mes up on a crown and awaigin deep scaling, paid them over $500.00 did not get my money worth wnt deepy scalinf for free and a through cleaning at another one of thei offices.No denatl insurance at this time due to their ineptitude! Best Dentures and Dental Implant Solutions | ConsumerAffairs Thank you Gentle Dental Jamaica Plain! I have asked to speak with a manager without any call. I stopped to talk with my wife for a second and to listen to our baby-to-be's heartbeat, as she was getting an ultrasound. As I was doing this, Brettany Tinsley handed me a card with her regional manager's name on it. Dr. Meyer was exceptional not just in her skills as a dentist, but how compassionate she was to the amount of pain I was in. I was charged and fully paid for a mouth guard but they never fulfilled the order and I never received it. However, I have had multiple issues recently. Because of this, they failed to refer the patient for treatment.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[250,250],'teamais_net-leader-2','ezslot_13',111,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-leader-2-0'); Complications following endodontic procedures are the second most popular cause of a dental lawsuit. 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 ". 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. 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. 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 My. This review was chosen algorithmically as the most valued customer feedback. At Gentle Dental, were your dentists for life. 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. 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. 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. 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. 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. To my surprise they were able to install my permanent crown even though the appointment for that procedure was scheduled a week later. They showed (unsurprisingly) an amount due from insurance that was about $100 over what insurance was going to pay them. Pocket. 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'). Gentle Dental dentists provide award-winning care. I read that there is litigation against the parent company concerning medi-cal fraud (Gentledentalsucks.com). In due time, they will reap what they've sown! I have an ongoing email trail with them stating that I have been overcharged, and they only say they know I have and that it has been corrected each time. How many more trips will that take to correct the problem? 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. We now have one dentist one day, twice a month. Today he was to go in and have this tooth capped and takin care of. You can explore additional available newsletters here. 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). The first time I had the root canal and prep for the crown first, stupidly agreed to fill one of the bad cavities and then had half the deep cleaning. No matter what, they take great care of us! Thank you, you have successfully subscribed to our newsletter! Dist., 121 F.3d 446, 1997 WL 467573 (8th Cir. at 1048 ("Most simply the plain meaning of Section 2000e(b): [is] that both employers, as entities, and their agents, as individuals, are to be bound by Title VII's dictates."). Ward. Featured review. Call from a manager and complete review of my account and refund check sent to me. Service. On another occasion, Van de *231 Rydt offered to pay Chatman twenty dollars to lick an ice cream cone in front of him. Gentle Dental of New England | Better Business Bureau Profile Bhairavi Hemani We told them to atleast wave off the x ray charges and give us the x rays. This complaint was posted by a verified customer. Going to the dentist should fit your schedule, not the other way around. See, e.g., Mass. Burton A. Nadler, Petrucelly & Nadler, Boston, MA, Wilfred J. Benoit, Jr., Goodwin, Proctor & Hoar, Boston, MA, for Defendants. Van de Rydt finally threatened that if Chatman continued to refuse his advances she would lose her job. The entire discussion, confined to a footnote, was: 981 F.2d at 578 n. 2. . More legal. This is incorrect. Such intentional torts are not an accepted risk of doing business". So why did they tell me what my portion would be and what my insurance would pay when I first asked about the price of partials? 15 minutes before the scheduled appointment's end. . We believe that quality dental care should work with your busy schedule. The whole process went smoothly. Do you have dental insurance?If not, click below to compare dental malpractice insurance.Get A Quote. . If the dentist or oral surgeon failed to provide the proper medications for recovery, they were liable for covering the hospital visit. Why weren't the x-rays shared from his dentist office? Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. I felt like Id left a cruise ship spa with a menu of products I dont need but they need to sell. This review was chosen algorithmically as the most valued customer feedback. Enjoy reading our tips and recommendations. When I contacted them, the SAME woman, said it must have been someone else that I talked to.. Nope, same woman. then when I was going to make an appointment for the bleaching they told me they couldn't do it. I am telling everyone to request an appointment at Gentle Dental Nashua! Tomka, 66 F.3d at 1316 (citing Meritor, 477 U.S. at 72, 106 S.Ct. 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. Dentist Gentle Dental Complaints Complaints Gentle Dental Dentist View Business profile Customer Complaints Summary Business's Response Rate: 49% Why is this important? Violette Co. Inc.,897 F. Supp. The court is persuaded by the Second Circuit's reasoning that, when read in the full context of Title VII, 2000e(b), cannot be interpreted to create individual liability on the part of individual employees of the employer entity. Is that called help. The complications with crown and bridge treatments mostly consist of open margins, overhanging restorations, or poor occlusion. 515, 517 (D.Me.1994), the court rejects individual liability under Title VII); and Hernandez v. Wangen,938 F. Supp. Date 5th Nov 2021 morning 10am. Chatman v. Gentle Dental Center of Waltham, 973 F. Supp. 228 (D. Mass Here are the most common reasons for most common dental malpractice claims.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,100],'teamais_net-large-leaderboard-2','ezslot_14',118,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-large-leaderboard-2-0'); Complications such as infection, severed nerves, and sinus perforation are the most common dental issues requiring a lawsuit. 12(b) (6). Complaint 5, 6. On Monday the 8th of Nov. denied, ___ U.S. ___, 117 S. Ct. 2532, 138 L. Ed. Your smile? 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. That. You're all set! I was right there! They have high turnover of so called dentists. We're no longer going to see you as a patient here. As of January 1, 2020 the. 2d 49 (1986), the Second Circuit concluded that the word "agent" defines and limits the scope of employer liability for acts of employers, so that an employer is not liable for everything an employee does, but rather that "an employer's liability should be based on common law agency principles." They pulled two teeth, and I was told to wait a month, then they pulled two more, and said they would call me in a month, to get fitted, have the plates built, then have the last teeth pulled, and the upper and lower plates in place, on the day I have the last teeth pulled, and would go home with the job done. 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. Here are the most common reasons for most common dental malpractice claims. Failure to file a proper charge with the MCAD is fatal to a later claim filed in court under Chapter 151B. Have. Directly. Gentle Dental has received more Boston Magazine Top Dentist distinctions than any other dental practice in New England. This unwanted physical contact included rubbing or leaning against her body, touching her cheeks or knees, and rubbing her shoulders. Gentle Dental dentists provide award-winning care. Gen. L. c. 151B 4, Subsections 4A, 5 and 16A. Viewed in this way, the agent clause is not "mere surplusage,"[13] but serves an independent purpose. Moreover, Chatman alleges Van de Rydt frequently touched her without her consent. Gentle Dental is not an honest business. Of the patients who survived these complications, a few had brain damage which made a lawsuit necessary. You. 02130 Immediately. Crown. We know your patients are an integral part of your dental practice.Download this OSHA compliant checklist for infection control. My wife had already been there before Brettany Tinsley ever started working at the new location, and I had been in there, too, with my wife and we had never had any problems. Inspite of it not being our fault we paid. In December, 1993, Chatman filed a charge of discrimination (the "MCAD Charge") with the Massachusetts Commission Against Discrimination ("MCAD"). Not even the most careful dental professionals are perfect, which is why dental malpractice tail coverage is so valuable.Let our team get you covered.Get A Quote! These federal cases share at least one important theme with Brunson: whether a civil action will lie against a party not specifically named a respondent in an administrative charge will depend on the opportunity afforded in the prior proceeding for the resolution of that party's interests in the claim in dispute. Its location on this page may change next time you visit. Book a check-up or 3 years of going back and forth- being sent to other. Complaint 11, 16. 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. Were here when you need us. See, e.g., Tomka, 66 F.3d at 1318 (Parker., J., dissenting); Paroline, 879 F.2d at 104; Iacampo, 929 F. Supp. She always makes sure Im comfortable, explains the procedure, and makes sure I dont have any questions about the treatment plan. $2, 000.00 max and to my surprise a deductible over $200.00. They didn't bother to call. I was in safe hands! 1019, 1048 (D.Mass.1995) (holding that individual liability exists under c. 151B). Ripoff Report | gentle-dental complaints, reviews, scams, lawsuits and Van de Rydt repeatedly asked Chatman to date him. 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. If there is no serious injury present, the case will most likely be dismissed.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'teamais_net-box-4','ezslot_1',107,'0','0'])};__ez_fad_position('div-gpt-ad-teamais_net-box-4-0'); Malpractice is a legal term, so in order for a patient to win the lawsuit, the case must match the very specific definition of malpractice. United States District Court, D. Massachusetts. Each time I went there they just had hygienists give me a cleaning.