Idaho Dentist Accused of Abandoning Patients

Patients of Accure Dental & Dentures wondered what happened to their dentist. They couldn't seem to get a hold of anyone who worked there, so they called the Idaho Board of Dentistry.

The owner, dentist Tera Greene, went silent. Patients weren't able to get their records. Some had prepaid dental work and didn't know if they would ever get a refund.

Susan Miller, executive director of the Idaho Board of Dentistry, said they started getting calls from patients saying that there were signs on the door and the doctor wasn't there. Apparently, there was supposed to be another doctor to take patients, but they found that the agreement was never fully executed, so the patients were left in the air.

The board has stepped in by seizing the patient records, so the patients could take their records to their new dentist. The board has talked to at least three dozen former patients who didn't have a new dentist.

Patients have complained to the Idaho Attorney General's office about Greene since 2012.

It turns out that Tera Greene has done this before. Last year, the Washington State Department of Health issued charges against him including patient abandonment. The Washington health agency said that Greene owned an Accure office in Lynnwood and employed a dentist there to provide services.

The dentist removed a patient's teeth between October 2013 and February 2014. The patient was supposed to return several months later, after healing, to get permanent dentures. However, Greene closed the office without notifying the patient. The patient paid over $5,000 for the dentures, free denture cleanings twice a year, oral exams, and a seven year warranty. The state's complaint said that Accure never provided the dentures or refunded the money. Greene was charged with unprofessional conduct and patient abandonment. Her Washington license has since expired.

Public records show that the closure of the Meridian office was due to financial issues. Accure Dental & Dentures filed for bankruptcy in June 2017. The business had about $55,000 in assets and owed over $762,000. The debts included overdue rent, unpaid taxes, legal fees, advertising bills, and patient refunds.

The Idaho Board of Dentistry now has a pending administrative complaint against Greene for patient abandonment. Susan Miller said this is the first case of patient abandonment the Idaho board has ever seen.
Comments from Allen:

What a mess. I have seen this happen with attorneys, or should I say "former" attorneys, as well.  Can the wronged patients sue Dr. Greene? 

Since Dr. Greene has filed bankruptcy, the answer is not clear.  First, it is hoped Dr. Greene had malpractice insurance.  That way, if Dr. Greene has spent all his money, the insurance coverage is on the hook for damage done while the policy is in place. 

Second, even if there is insurance in place, anyone wronged will have to file a timely claim against Dr. Greene with the federal bankruptcy court; he apparently filed in the federal court in Boise.

Any claim against Dr. Greene will only survive bankruptcy if actual fraud can be proven.  Breach of contract claims are discharged in bankruptcy, but fraud claims are not.  Actual fraud must be alleged and proven, by "clear and convincing" evidence, in order for the claim to survive bankruptcy. 

That is a very high burden for the claimant, as the dentist can allege he just had no funds to carry on his business.  However, since it appears this dentist has a clear pattern of charging for services not rendered, that fact should help the victims recover.

One final note.  Hopefully the malpractice insurance involved covers fraud.  If not, the victims will have a very hard time collecting any of their money.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
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Comments

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