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Dentist Refused to Treat Me & Left Me Suffering!

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  • 12-12-2019, 11:39 PM
    devin
    Dentist Refused to Treat Me & Left Me Suffering!
    This took place in NY. I went to see a dentist at a hospital because of a painful tooth. They took xrays and gave me an appointment in january to do work on it. I couldnt wait that long so I went to a dental clinic the next day instead.

    I brought my xrays and med records from the hospital. The secretary and dentist approached me. First they said my records were not accepted because they were not in their system. But this made no sense since med records are accepted everywhere. And the dentist himself taught in the same hospital I got my xrays done. They said they needed more xrays. But I told them I already had already taken them and had been exposed to too many in the past. I even told them I have a hormonal imbalance sensitive to radiation. I got upset with myself naturally but didnt raise my voice. Then dentist walked off and I never saw him again. The secretary said the dentist cant work on me me cuz I got upset. The hell??? I couldnt believe this was happening. I had to endure this pain for a while. I asked to see the dentist but the secretary said no. I asked why and she said because I got upset. She walked back to her desk and then completely ignored me. I then said I was going to call a lawyer and complain about this with the ADA then I left.

    The next day, I went to another dentist who accepted my xrays without any problems. But I couldnt get work done there either because of my insurance. So I had to endure this pain even til now.

    I seriously want to sue the dentist that refused to see me for her stupid idiotic reasons while he ignored me and refused to treat me while I suffered with all this pain. This is a huge injustice and I strongly believe I have a case. Hope you guys can point me in the right direction and offer some advice. Thank you.
  • 12-13-2019, 01:40 AM
    Taxing Matters
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    I seriously want to sue the dentist that refused to see me for her stupid idiotic reasons while he ignored me and refused to treat me while I suffered with all this pain. This is a huge injustice and I strongly believe I have a case. Hope you guys can point me in the right direction and offer some advice. Thank you.

    This will not be what you want to hear, but it's important that you understand how the law works in this kind of situation. When it comes to decisions about who they will serve doctor and dentist offices are treated under the law as businesses like any other. And businesses have the right to deny serving any person for any reason except for a few reasons prohibited by law.

    The Americans with Disabilities Act (ADA) does not apply here. Your tooth, though painful, is not a disability under the Act. Even if it was, what the ADA says is that the business cannot discriminate against you because of the disability. But the dentist did not refuse to see you because you had a painful tooth. The dentist refused to see you because he did not want to rely on the records you provided and because of your attitude. Perhaps your attitude would not have aggravated most people, but that doesn't really matter. The refusal was not because of a disability nor, so far as I can see from what you wrote, was the refusal based on any other prohibited reason (like your race, religion, sex, etc). As a result, the dentist was within his legal rights to refuse to treat you. Thus, if you sue the dentist over this you will lose. And you might even get hit with sanctions for filing a frivolous claim.

    Now perhaps some facts that you didn't mention might change the outcome here. So on the off chance you left something out you might want to consult a lawyer in your area to see if you might have something to pursue. Just don't get your hopes up much on that. Chances are good you'll hear much the same thing from the lawyers you consult.
  • 12-13-2019, 06:36 AM
    cbg
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    What law do you believe exists that requires the dentist to treat you regardless?
  • 12-13-2019, 01:25 PM
    devin
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting cbg
    View Post
    What law do you believe exists that requires the dentist to treat you regardless?

    I dont understand your question.

    Quote:

    Quoting Taxing Matters
    View Post
    When it comes to decisions about who they will serve doctor and dentist offices are treated under the law as businesses like any other. And businesses have the right to deny serving any person for any reason except for a few reasons prohibited by law.

    The Americans with Disabilities Act (ADA) does not apply here. Your tooth, though painful, is not a disability under the Act. Even if it was, what the ADA says is that the business cannot discriminate against you because of the disability. But the dentist did not refuse to see you because you had a painful tooth. The dentist refused to see you because he did not want to rely on the records you provided and because of your attitude. Perhaps your attitude would not have aggravated most people, but that doesn't really matter. The refusal was not because of a disability nor, so far as I can see from what you wrote, was the refusal based on any other prohibited reason (like your race, religion, sex, etc). As a result, the dentist was within his legal rights to refuse to treat you. Thus, if you sue the dentist over this you will lose. And you might even get hit with sanctions for filing a frivolous claim.

    Now perhaps some facts that you didn't mention might change the outcome here. So on the off chance you left something out you might want to consult a lawyer in your area to see if you might have something to pursue.

    How is pain in the tooth a dentist refused to treat over his stupidity not considered a medical disability? That makes 0 sense. Youre mistaking American Disability Act (ADA) with American Dental Association. I want to file a complaint with them since its a dental org that I greatly assume he belongs to.

    How would I get slapped with sanctions for filing a "frivolous" claim when its NOT a frivolous claim because I was in pain?? No offense but that doesnt make any sense. And why sanctions? I'm an individual not a business.

    To add to what I may have left out.. the secretary said she'd give me 5 minutes to think over what I want to do, whether to get the unnecessary xrays or to leave.

    I have a recording to attest to all I said.
  • 12-13-2019, 01:51 PM
    PayrolGuy
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    I dont understand your question.

    For something to be illegal there must be a law against the something or in your case requiring something.
  • 12-13-2019, 03:28 PM
    pg1067
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    I seriously want to sue the dentist that refused to see me for her stupid idiotic reasons while he ignored me and refused to treat me while I suffered with all this pain. This is a huge injustice and I strongly believe I have a case. Hope you guys can point me in the right direction and offer some advice.

    You cannot sue successfully because the dentist had no legal obligation to treat you.

    Quote:

    Quoting devin
    View Post
    How would I get slapped with sanctions for filing a "frivolous" claim when its NOT a frivolous claim because I was in pain?? No offense but that doesnt make any sense. And why sanctions? I'm an individual not a business.

    Both the law of New York and federal law provide for sanctions for a party who files a frivolous lawsuit (regardless of whether that party is an individual or business entity). Any lawsuit you might file would, by definition, be frivolous for the reasons I and others have explained.

    You are, of course, free to complain to the ADA about this.
  • 12-13-2019, 04:22 PM
    RJR
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Devin, you may be thinking of certain hospital admissions where you can't be denied treatment for inability to pay, say at or below the federal Poverty level, or such as a woman ready to give birth, etc.
  • 12-13-2019, 05:09 PM
    cbg
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    I'll restate my point.

    The dentist is not obligated to treat you. Where are medical circumstances where a doctor has an obligation to treat, those circumstances do not appear to apply here. Because he has no such obligation, you do not have any obvious grounds for a suit.

    However, if you believe there is a law or other legal obligation that is being overlooked and which would have forced the dentist to treat you no matter what the circumstances, please state that law.
  • 12-13-2019, 08:41 PM
    Mercy&Grace
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    This took place in NY. I went to see a dentist at a hospital because of a painful tooth. They took xrays and gave me an appointment in january to do work on it. I couldnt wait that long so I went to a dental clinic the next day instead.

    I brought my xrays and med records from the hospital. The secretary and dentist approached me. First they said my records were not accepted because they were not in their system. But this made no sense since med records are accepted everywhere. And the dentist himself taught in the same hospital I got my xrays done. They said they needed more xrays. But I told them I already had already taken them and had been exposed to too many in the past. I even told them I have a hormonal imbalance sensitive to radiation. I got upset with myself naturally but didnt raise my voice. Then dentist walked off and I never saw him again. The secretary said the dentist cant work on me me cuz I got upset. The hell??? I couldnt believe this was happening. I had to endure this pain for a while. I asked to see the dentist but the secretary said no. I asked why and she said because I got upset. She walked back to her desk and then completely ignored me. I then said I was going to call a lawyer and complain about this with the ADA then I left.

    The next day, I went to another dentist who accepted my xrays without any problems. But I couldnt get work done there either because of my insurance. So I had to endure this pain even til now.

    I seriously want to sue the dentist that refused to see me for her stupid idiotic reasons while he ignored me and refused to treat me while I suffered with all this pain. This is a huge injustice and I strongly believe I have a case. Hope you guys can point me in the right direction and offer some advice. Thank you.

    A hormone imbalance is not a disability.
  • 12-14-2019, 12:41 AM
    devin
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting cbg
    View Post
    However, if you believe there is a law or other legal obligation that is being overlooked and which would have forced the dentist to treat you no matter what the circumstances, please state that law.

    How would I state that law if I'm not a lawyer but asking for legal advice?

    So according to you its ok for a doc to turn you away even if youre dying and need his help to live just cuz he didnt like that you snickered???

    Quote:

    Quoting Mercy&Grace
    View Post
    A hormone imbalance is not a disability.

    Never said it was. Youre not reading my thread right.
  • 12-14-2019, 12:51 AM
    cdwjava
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    So according to you its ok for a doc to turn you away even if youre dying and need his help to live just cuz he didnt like that you snickered???

    First, there is a difference between "ok" and "legal". One can argue whether he had a moral obligation to treat you even if you were acting like a jerk. It appears that no one can (effectively) argue that had every LEGAL right to deny treatment.

    The law pretty much everywhere says you cannot be denied EMERGENCY treatment in an Emergency room (i.e. a hospital). But, most hospitals do not have dental surgeons on call or even on staff, and most dental procedures are not going to rise to the level of a medical necessity (i.e. an emergency).

    The ADA does not apply. Read up on it.

    You are free to hire an attorney to review the facts for you and tell you whether you have a case or not, and how many (tens of) thousands of dollars it might cost you to just step up to the plate.
  • 12-14-2019, 01:14 AM
    RJR
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Devin, here is a little info added to what Carl said. Dentistry is a separate branch of science, as dentist's are not Physicians.

    https://www.injuryclaimcoach.com/treatment-denial.html
  • 12-14-2019, 07:39 AM
    cbg
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    So according to you its ok for a doc to turn you away even if youre dying and need his help to live just cuz he didnt like that you snickered???

    But that's not what happened, is it? It wasn't a doctor; it was a dentist. And you weren't dying. And what he didn't like was that you refused additional xrays which he believed were necessary. So that's a meaningless comparison. And it's not what I said.

    I'll save you the trouble of looking. There IS no law that obligates the dentist to treat you in this situation.
  • 12-14-2019, 12:24 PM
    Taxing Matters
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    How is pain in the tooth a dentist refused to treat over his stupidity not considered a medical disability?

    Those medical problems that are temporary in nature (e.g. last only a few weeks or months) are generally not sufficient to be a disability under the Americans with Disabilities Act (ADA). Thus, a cold, flu, sprained ankle, tooth aches, bruises, etc are all things that, while certainly medical problems are not the sorts of things that amount to disability under the Act.

    Quote:

    Quoting devin
    View Post
    Youre mistaking American Disability Act (ADA) with American Dental Association. I want to file a complaint with them since its a dental org that I greatly assume he belongs to.

    Your post wasn't clear what you meant by ADA. On a legal forum, ADA is generally going to be taken to mean Americans with Disabilities Act since that is an actual law. The American Dental Association has no role in the law aside from lobbying to help dentists get laws favorable to them. Note that the American Dental Association also has no role in supervising or disciplining dentists.


    Quote:

    Quoting devin
    View Post
    How would I get slapped with sanctions for filing a "frivolous" claim when its NOT a frivolous claim because I was in pain?? No offense but that doesnt make any sense. And why sanctions? I'm an individual not a business.

    Any litigant, individual or business, may be sanctioned for filing a frivolous complaint with the court. You being in pain isn't what determines if the complaint is frivolous. It is frivolous if the complaint has absolutely no merit, i.e. a complaint that has no basis in the law. If you sue the dentist for refusing to help you then you need to be able to point to some law that required the dentist to help you or you may face not only dismissal but perhaps sanctions as well. You cannot sue simply on the basis that it was "wrong" for the dentist to refuse to serve you. There are many things that people do that may be considered wrong, rude, inconsiderate or whatever that are not prohibited by law.
  • 12-14-2019, 02:32 PM
    Mercy&Grace
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    How would I state that law if I'm not a lawyer but asking for legal advice?

    So according to you its ok for a doc to turn you away even if youre dying and need his help to live just cuz he didnt like that you snickered???



    Never said it was. Youre not reading my thread right.

    You were not dying. If a patient presents at a doctor's office dying. The doctor should call a ambulance to take the patient to a hospital where the patient can be properly treated.
  • 12-14-2019, 10:06 PM
    gail in georgia
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Not only were you not dying, pain from a tooth is not a medical "disability".

    If you hadn't been such a jerk regarding the need for more xrays by the new dentist, it's likely your tooth issue would have been taken care of.

    Gail
  • 01-06-2020, 02:23 PM
    devin
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting RJR
    View Post
    Devin, here is a little info added to what Carl said. Dentistry is a separate branch of science, as dentist's are not Physicians.

    You make 0 sense. Dont reply here again please

    Quote:

    Quoting cbg
    View Post
    So according to you its ok for a doc to turn you away even if youre dying and need his help to live just cuz he didnt like that you snickered???

    .

    It doesnt matter if i was dying or not. Thats an an exaggeration to make a point. I was in pain that i endured for a long while.

    Quote:

    There IS no law that obligates the dentist to treat you in this situation.
    Uhh I dont know the law but I can say youre WRONG. Youre gonna tell me a doc can refuse to treat someone in pain. You dont know the law at all.
  • 01-06-2020, 02:33 PM
    free9man
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    Uhh I dont know the law but I can say youre WRONG. Youre gonna tell me a doc can refuse to treat someone in pain. You dont know the law at all.

    Please enlighten us by posting the law you think requires dentists to treat someone in pain.
  • 01-06-2020, 02:35 PM
    devin
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting Taxing Matters
    View Post
    [FONT=Georgia][SIZE=3]Those medical problems that are temporary in nature (e.g. last only a few weeks or months)

    So why dont YOU endure not going to a dentist for a long time for your toothache then?? See if thats temporary. If you still think it is you shouldnt be on this thread.

    Quote:

    Any litigant, individual or business, may be sanctioned for filing a frivolous complaint with the court. You being in pain isn't what determines if the complaint is frivolous. It is frivolous if the complaint has absolutely no merit, i.e. a complaint that has no basis in the law. If you sue the dentist for refusing to help you then you need to be able to point to some law that required the dentist to help you or you may face not only dismissal but perhaps sanctions as well. You cannot sue simply on the basis that it was "wrong" for the dentist to refuse to serve you. There are many things that people do that may be considered wrong, rude, inconsiderate or whatever that are not prohibited by law.
    How is enduring pain from negligence from a doc frivolous??
  • 01-06-2020, 02:39 PM
    free9man
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    So why dont YOU endure not going to a dentist for a long time for your toothache then?? See if thats temporary. If you still think it is you shouldnt be on this thread.

    It was your choice not to see a dentist. If you couldn't afford one, you could have seen about payment plans or checked to see if there was a dental school that could have helped you.

    Quote:

    Quoting devin
    View Post
    How is enduring pain from negligence from a doc frivolous??

    There was no negligence on the dentist's part.
  • 01-06-2020, 02:43 PM
    Mark47n
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    You came here seeking answers and you got them. That you don't like them doesn't make them the wrong answers.

    Doctors and dentists are not obligated to render treatment except under very specific scenarios and a sore tooth is not one of them.

    Feel free to files suit. There isn't anything stopping you and you're positive that you're correct. This is not to say that a lawyer can be compelled to take your case or that you are qualified to handle it yourself pro se...but you can.

    So go, have fun! I'm sure you can find the appropriate court and they'll be some paperwork to fill out...but you've got this all under control.
  • 01-06-2020, 03:06 PM
    devin
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting gail in georgia
    View Post
    If you hadn't been such a jerk regarding the need for more xrays by the new dentist, it's likely your tooth issue would have been taken care of.

    Gail

    If youre that blind to see that the doc was the jerk youre stupid af. Dont be a lawyer. Ignorants like you who graduated from community college will never be successful in law.. ha ha.

    Quote:

    Quoting free9man
    View Post
    It was your choice not to see a dentist. If you couldn't afford one, you could have seen about payment plans or checked to see if there was a dental school that could have helped you.

    Smh.. This has NOTHING to do with payments. Your answer tells me you dont know what my thread is about and you dont know what youre talking about.


    Quote:

    There was no negligence on the dentist's part.
    Ok if you say so.

    Quote:

    Quoting Mark47n
    View Post
    You came here seeking answers and you got them. That you don't like them doesn't make them the wrong answers.

    Its not that, its just that the answers dont make sense.

    Quote:

    Doctors and dentists are not obligated to render treatment except under very specific scenarios and a sore tooth is not one of them.
    So a doc refusing to save someone dying from pain isnt obligated to save him/her. Yeah okayyyy dude.. lol.

    Quote:

    So go, have fun! I'm sure you can find the appropriate court and they'll be some paperwork to fill out...but you've got this all under control.
    People are sued over the dumbest idiocy on earth and I cant sue for this. Yeah ok einstein.
  • 01-06-2020, 03:36 PM
    PayrolGuy
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post

    So a doc refusing to save someone dying from pain isnt obligated to save him/her. Yeah okayyyy dude.. lol.


    You weren't dying of pain.


    Quote:

    People are sued over the dumbest idiocy on earth and I cant sue for this. Yeah ok einstein.
    You are right and this would be a case of equal idiocy. You are free to sue. You have just been told you won't win and why.
  • 01-06-2020, 04:40 PM
    CONNOR99
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Devin,
    Whether your complaint has merit or not or whether you are owed money in everyone's eyes means very little. They will not pay! You will be going up against lawyers for a medical malpractice policy. They are very good lawyers and guess what? Your lawyer has to be better to get a dime out of them. Also know that if you lose, you won't owe their attorney fees but they will come after you for their costs...which could be in the tens of thousands.

    What personal injury lawyers often say is "if you lose you don't pay." But that is not entirely true. You don't pay them but you will pay the defendant's costs.
  • 01-06-2020, 05:01 PM
    Mercy&Grace
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    If youre that blind to see that the doc was the jerk youre stupid af. Dont be a lawyer. Ignorants like you who graduated from community college will never be successful in law.. ha ha.



    Smh.. This has NOTHING to do with payments. Your answer tells me you dont know what my thread is about and you dont know what youre talking about.




    Ok if you say so.



    Its not that, its just that the answers dont make sense.



    So a doc refusing to save someone dying from pain isnt obligated to save him/her. Yeah okayyyy dude.. lol.



    People are sued over the dumbest idiocy on earth and I cant sue for this. Yeah ok einstein.

    Doctors nor dentists have to treat anyone in pain. If the pain was causing you cardiac problems the doctor thought was threatening your life. The doctor or dentist could have a member of their staff call you a ambulance.

    If you really believe doctors or dentists have to treat patients in pain. You do not know anything about chronic pain patients that are denied opiates. Some have left notes saying they committed suicide due to their pain not being treated or appropriately treated. Some have died due to cardiac complications from their pain not being treated or treated appropriately, according to their families. It is up to the doctor or dentist to decide what is a patient needs. They are the professionals, not the patient.

    Medicine is a business. No one in business has to deal with customers/patients that are rude, threatening, etc. If the dentist, in his professional judgement thought you were dying. He had a responsibility to have someone on his staff call a ambulance to take you to the ER where you would receive appropriate treatment for your cardiac or breathing issues.
  • 01-06-2020, 05:32 PM
    Taxing Matters
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    So why dont YOU endure not going to a dentist for a long time for your toothache then??

    I have endured dental pain that was temporary and I'd have liked to have seen a dentist faster than I did. So I don't doubt that you were miserable as a result. But that fact does not change what the law provides, which is that the dentist is under no obligation to treat you. I realize that you think the dentist should have that obligation, but what you think should be required and what the law actually requires are not the same thing.

    Quote:

    Quoting devin
    View Post
    How is enduring pain from negligence from a doc frivolous??

    What is frivolous is filing a complaint when you have no valid claim to pursue. Your pain was real, I don't doubt that at all. But simply being in pain doesn't give you a valid claim in court. You have to point to some law in your complaint that obligates the dentist to treat you in that situation. If you can't point to anything that obligates the dentist to do it then your complaint may be deemed frivolous because you have no valid claim to pursue.

    So stop with the idea that being in pain obligates the dentist to do anything for you or that being in pain is what gives you complaint in court. That's the wrong focus. You have to look first at whether the law imposes a duty on the dentist to treat you. Without that duty there is no lawsuit. And the fact is that there is no law that imposes such a duty.
  • 01-06-2020, 06:23 PM
    pg1067
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    Quote:

    Quoting cbg
    View Post
    I'll save you the trouble of looking. There IS no law that obligates the dentist to treat you in this situation.

    Uhh I dont know the law but I can say youre WRONG. Youre gonna tell me a doc can refuse to treat someone in pain. You dont know the law at all.

    What a phenomenally stupid statement.

    You ADMIT that you "dont [sic] know the law" but then purport to disagree with one of the numerous posters who have told you that no law obligated the dentist to treat you in the situation you described. If you "dont [sic] know the law," what is your basis for disagreeing? The only way you can intelligently disagree is if you know of a law that says otherwise, so please cite the law that you think would require treatment.

    And yes, in most case, "a doc[tor] [or dentist] can [and legally may] refuse to treat someone" (regardless of how much pain that person might be in).
  • 01-06-2020, 06:37 PM
    cbg
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    I have invited you several times now to post a link to the law you believe was violated. I'm still waiting.

    Consider that perhaps it's not that I don't know the law, but that you are wrong about what the law provides. Surely if there were a law that obligated the dentist to treat anyone in pain, someone would have posted it by now.
  • 01-07-2020, 06:09 AM
    free9man
    Re: Dentist Refused to Treat Me & Left Me Suffering!
    Quote:

    Quoting devin
    View Post
    Smh.. This has NOTHING to do with payments. Your answer tells me you dont know what my thread is about and you dont know what youre talking about.

    Apparently you don't know what the thread is about. You referenced having a painful tooth for a long time. If that was the case (which I can't be sure because your story is all over place), it was your choice to suffer with it until you went to the ER. You could have gone to a dentist before that. I was simply stating that if it was an issue of affording it, there were options.

    At the end of the day, you were given options to see the dentist at the time you went. You chose not to exercise them. You have no lawsuit.

    By the by, how is the tooth doing now?
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