3rd False Advertising Claim Alleged Against Waltham Dentist

Originally posted on November 27, 2020 / (unintentionally deleted 12/6/20 due to an edit error; re-posted here with edits)

* * *

A former patient of Dr. Jeffrey S. Cummings alleges he deliberately crafts a

misleading image in his online biography’s list of professional organizations.

He allegedly does this by including a live link, intentionally linking to a “404 Page Not

Found” error page of an actual malpractice insurance company: Dentist’s Advantage.

(See the screenshot at the end of this article.)

The former patient believes Dr. Cummings wants consumers to conclude that

linking to this error page is a slight technical flub, easily fixed -- and that he carries

this malpractice insurance with this company. However, he is actually not a client.

He labels his live link to this “Page 404 Error” page with a different name, that of a

defunct professional organization: “National Society of Dental Practitioners“ -- which is

believed to be unrelated to the Dentist’s Advantage malpractice

insurance company.

Together, the error page of an actual malpractice insurance company, arrived at by

a live link labeled with the name of an unrelated, defunct organization, give a

consumer the materially misleading impression: Dr. Cummings is covered by

malpractice insurance -- when in fact this Waltham dentist is not, claims the former

patient.

* * *

Massachusetts is one of a number of states in this country that does not require a

dental license applicant to show proof of malpractice insurance to the state’s dental

licensing board prior to receiving a dental license.

Consequently, it is not illegal to be a dentist practicing without malpractice

insurance in Massachusetts.

However, it IS illegal in Massachusetts for a dentist to advertise that the dentist

carries malpractice insurance, if in fact the dentist does not, as that is false

advertising.

In addition to MA law prohibiting false advertising, and the American Dental

Association prohibiting false advertising by dentists, the MA state dental board’s

own regulations expressly prohibit dentists from engaging in false advertising:

Board of Registration in Dentistry draft regulations

234 CMR 5.00: REQUIREMENTS FOR THE PRACTICE OF DENTISTRY, DENTAL HYGIENE, AND DENTAL ASSISTING

5.18: Advertising

(1) Illegal Advertising Practices. A dentist or public health dental hygienist may advertise truthful and accurate information pertaining to dental services. Unfair, misleading, deceptive and fraudulent advertising is prohibited . . . . (emphasis added)

* * *

According to the MA bar website where one can look up a Massachusetts lawyer’s

license number, MA does not require lawyers to carry malpractice insurance;

however, that site does require MA lawyers to publicly disclose on that site if they

carry malpractice insurance.

It is unclear why the same public disclosure is not required for dentists when one

looks up a dentist license.

* * *

According to the email the former patient received from the Barbara A. Young, RDH,

Executive Director, Mass. Board of Registration in Dentistry on November 23, 2020,

Ms. Young wrote:

“…I cannot imagine a dentist practicing without a valid (malpractice insurance) policy.”

But the former patient then emailed back reasons why a dentist might not carry

malpractice insurance: (1) unable to get it or (2) unwilling to pay an extremely high

price for it, if the dentist is deemed “high risk” by an insurance company.

* * *

What is a "high risk" dentist?

Impairment in a dentist can be anything that makes it difficult to perform

adequately and competently as a licensed dentist.

It could be a situation where a dentist is losing vision, and is no longer able to

see well enough to handle delicate equipment with the necessary precision,

regardless of what eyeglasses and eye aids the dentist uses.

Upon information and belief, an eye exam is not required for dental

applicants when they renew their licenses. Thus, the Mass Dental Board does not really

know if all aging dentists can see well enough to function professionally or not.

This is just one example of what might make it difficult for a dentist to obtain

malpractice insurance. A dentist’s poor eyesight may signal “high risk” to an

insurer.

* * *

Another issue that would be scrutinized closely by an insurer comes from risk

factors stemming from substance abuse. This problem can happen in any

profession.

As everyone knows, some Hollywood actors have drug or alcohol problems.

Eventually, some of these actors may find themselves unemployable, because:

they are uninsurable.

Consequently, in this respect, some dentists may have something in common with

some Hollywood actors. But obviously, no profession is immune from substance

abuse / addiction issues.

* * *

Another variation of a “high risk” situation for a Hollywood actor is that sometimes a stunt

on a film is deemed too risky by the insurance company. Such was the

case for Hollywood star Tom Cruise in the movie “Mission Impossible: Ghost

Protocol,” as explained here by a film production insurance company, Wrapbook:

“the original production insurance company wouldn’t insure the stunt, because it would be too expensive. But instead of modifying the script, Tom Cruise got Paramount to fire their (insurance) broker so they could find someone able to cover life-endangering stunts performed by an actor (Tom Cruise) worth half a billion dollars.”

* * *

It is difficult to understand why Ms. Young, the head of the MA dental board, is

unable to “imagine” any scenario in which a dentist would be deemed “high risk”

by an insurer. And why a dentist, therefore, is perhaps unable or unwilling to obtain

what would be very expensive malpractice insurance.

It is especially disturbing to read in an email from her she is unable to entertain

any thoughts of potential fraud by a dentist in this matter,

in light of the fact Ms. Young is not only a currently licensed dental hygienist and has

been one since 1977, but she is also, since 1994, a licensed MA lawyer according to

the MA bar site.

In addition, according to her “Barbara A. Young” Linked In Page, she is currently employed as an

Assistant District Attorney at the Suffolk County DA’s Office in Boston.

To sum up, it is both disturbing and very difficult to understand why her

imagination is so limited with respect to potential fraudulent conduct by a dentist

practicing in a state such as MA which requires: (i) no malpractice insurance for

a dentist; and (2) no disclosure of which dentists carry malpractice insurance

and which do not.

* * *

What malpractice lawyer would ever take a case against a MA dentist

not knowing if a dentist has malpractice insurance? And how badly does this

harm a consumer who may need to sue a dentist not only for actual damages,

but life-long consequential damages as well?

For example, imagine this scenario:

A patient thinks he or she is paying for implants, but the impaired

dentist destroys necessary bone to hold the implants. The patients ends up going

elsewhere, and gets dentures instead. Well, every three years that patient now

has a new medical expense, one that does not exist with implants, and that is: to

have dentures “re-fitted.” The cost is currently $5,000-$7,000 and is not covered

by any insurance. Had the patient been able to get the implants, there would

be no “refitting” every three years - or ever. What malpractice attorney is going to take

this case if the dentist does not even have malpractice insurance? What dentist

wants to lose his or her house over such consequential damages?

Unfortunately, the Ms. Young, head of the MA state

dental board, does not seem capable of entertaining such questions.

The inability to “imagine” such a scenario does not protect consumers or dentists in

Massachusetts. It also harms lawyers and insurance companies, who otherwise

would be able to help both the consumer and the dentist.

* * *

The former patient continues to believe the way Dr. Jeffrey Cummings is

advertising the subject link is actually deliberate on his part (linking to an error

page of a malpractice insurance company), as he wants to

pretend to consumers: he does have malpractice insurance -- when he knows he

does not.

Two emailed requests to the malpractice insurance company Dentist’s Advantage,

seeking additional information, with one email asking if Dr. Cummings has

malpractice insurance with them or not, were never answered.

The former patient was not named for this article due to privacy rights of health

records.

The below screenshot shows what comes up if you click on the live link labeled

“National Society of Dental Practitoners” on Dr. Cummings’ bio page under his list of

professional organization memberships:

# # #
You've been reading Part 3 of an original 5-part series written by Susan Alyn titled:

"The Waltham Dentist."

Click here for Part 4.

This series has been written and posted as a public service to the neighbors of Waltham, MA.
The author posted "The Waltham Dentist" exclusively on Patch Waltham.

Copyright November 2020 by Susan J. Alyn



About the Author:
Susan is a native New Yorker and now resides in Greater Boston, in Waltham. Her
first career was in advertising. She later became a teacher. You can visit her Linked In page.

How to Contact the Author:

If you wish to contact the author with your comments about this
original series "The Waltham Dentist," you may write to her at her
mailing address:
Susan Alyn, PO Box 550171, North Waltham, MA 02455

Note
that any correspondence sent to her about this series becomes the
property of the author, and may be published or shared with the public,
especially in connection with any
future hearings on changing MA laws. However, you may request your name not be disclosed -- and she will not disclose.

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